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IN RE ANNEX., ETC., ET AL. v. MINNE ET AL.

No. 20,147.

138 Ind. App. 207 (1965)

212 N.E.2d 393

IN THE MATTER OF ANNEXATION TO CITY OF MISHAWAKA, ETC., ET AL. v. MINNE ET AL.

Court of Appeals of Indiana.

Rehearing denied January 20, 1966.

Attorney(s) appearing for the Case

R. Wyatt Mick, Jr., of Mishawaka and Joseph A. Roper and Chapleau, Roper, McInerny & Farabaugh, of counsel, of South Bend, for appellants.

Paul J. Schwertley, of South Bend, for appellees.

WICKENS, J.

Two annexation ordinances of the appellant city were affected by the trial court judgment.

Here appellants assert that error was committed by the overruling of appellants' motion to dismiss and motion for new trial which were based solely upon a question of jurisdiction.

The alleged lack of jurisdiction arises from the construction of Acts 1905, ch. 129, § 243, p. 219 as amended, § 48-702 Burns' 1963 Replacement. That part of...

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