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KLEINKNECHT v. CITY OF EVANSVILLE

No. 19,804.

137 Ind. App. 345 (1965)

204 N.E.2d 872

KLEINKNECHT, ET AL. v. CITY OF EVANSVILLE.

Court of Appeals of Indiana.

Rehearing dismissed May 11, 1965.

Transfer denied June 25, 1965.

Attorney(s) appearing for the Case

Edwin W. Johnson, John L. Carroll, and Johnson and Carroll, of Evansville, and Donald E. Bowen and Bowen, Myers, Northam & Givan, of Indianapolis, for appellants.

Jerome L. Salm, Robert S. Matthews, Ralph E. Moore and David M. Keck, of Evansville, for appellees.

MARTIN, J.

The appellants' assignment of errors —

1. The court erred in overruling the appellants' motion for a new trial.

2. The court erred in not reopening said cause to hear evidence on newly discovered evidence material to the party applying, which appellants could not with reasonable diligence have discovered and produced at the trial.

The appellants have not discussed in the argument portion of appellants' brief the second assigned...

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