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BARKEY v. SCHERMERHORN

No. 368A29.

143 Ind. App. 310 (1968)

240 N.E.2d 93

BARKEY ET AL. v. SCHERMERHORN ET AL. AS THE BOARD OF COM. OF NOBLE COUNTY, INDIANA

Court of Appeals of Indiana.

Rehearing denied October 23, 1968.

Transfer denied February 25, 1969.

Attorney(s) appearing for the Case

Edgar A. Grimm, Grimm & Grimm, of Kendallville, and Howard E. Peterson, of LaGrange, for appellants.

Kenneth A. King, Arch N. Bobbitt and Ruckelshaus, Bobbitt and O'Connor, of Indianapolis, for appellees.

BIERLY, J.

The appellees herein, John Shermerhorn, James Stump and Robert Cleland, as the Board of Commissioners of Noble County, Indiana, filed their Motion To Dismiss this appeal on July 11, 1968. Said motion is accompanied by a rather extensive brief in support thereof. The Appellants chose not to file a brief in opposition to the Appellees' motion.

It is the position of the Appellees that said appeal should be dismissed for the reason that the record shows...

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