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STATE EX REL. MILLER v. McDONALD

No. 1271S377.

297 N.E.2d 826 (1973)

IN RE VETRIS C. MILLER ET AL. STATE OF INDIANA ON THE RELATION OF VETRIS C. MILLER ET AL., Appellants, v. Frank F. McDonald, As Mayor of the City of Evansville, Indiana, and City of Evansville, Indiana, et al., Appellees.

Supreme Court of Indiana.

Rehearing Denied August 31, 1973.

Attorney(s) appearing for the Case

Harry P. Dees, Alan N. Shovers, Thomas O. Magan, Evansville, for appellants.

John C. Cox, Timothy R. Dodd, Evansville, for appellees.

HUNTER, Justice.

This is an appeal by Vetris C. Miller and others similarly situated (plaintiffs below) from an adverse summary judgment entered in the Warrick Circuit Court on July 13, 1971. Appellants, subsequent to judgment, filed a motion to correct errors, which was overruled on November 8, 1971, resulting in this appeal. Jurisdiction to entertain this appeal is based on IC 1971, 33-3-2-7 (Ind. Ann. Stat. § 4-214 [1968 Repl.]) which was in force at the time...

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