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SMITH ET AL. v. THE INCORP. TOWN OF CULVER, IND.

No. 368S45.

249 Ind. 665 (1968)

234 N.E.2d 494

SMITH ET AL. v. THE INCORPORATED TOWN OF CULVER, INDIANA.

Supreme Court of Indiana.

Filed March 4, 1968.

Attorney(s) appearing for the Case

Chipman, Chipman & Rakestraw, of Plymouth, for appellants.

Stevens, Wampler, Travis & Feagler, of Plymouth, for appellee.

ARTERBURN, J.

This case comes to us on transfer from the Appellate Court of Indiana. (See opinion of Appellate Court as reported in 224 N.E.2d 59.)

We find that the petitioners have made out a case for transfer to this Court from the Appellate Court on the basis that it contravenes a ruling precedent of this Court in the City of Aurora v. Bryant, et al. (1960), 240 Ind. 492

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