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ERIE-HAVEN, INC. v. FIRST CHURCH OF CHRIST

No. 3-672A24.

292 N.E.2d 837 (1973)

ERIE-HAVEN, INC., Hefner Chevrolet, Inc., Plaintiffs-Appellants, v. The FIRST CHURCH OF CHRIST, Scientist, in Boston, Massachusetts, et al., Defendants-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied March 27, 1973.

Attorney(s) appearing for the Case

Shoaff, Keegan, Baird & Simon, Thomas M. Shoaff, Fort Wayne, for plaintiffs-appellants.

John H. Krueckeberg, Parry, Krueckeberg & Duemling, Fort Wayne, for defendants-appellees The First Church of Christ, Scientist, in Boston, Massachusetts, and The Principia Corp.

James R. Grossman, Gary M. Cappelli, Grossman & Scrogham, Fort Wayne, for defendants-appellees Max Himelstein, Rose Himelstein, and The Hausman Steel Co.

SHARP, Judge.

This action was initiated by Appellants Erie-Haven, Inc. (Erie-Haven) and Hefner Chevrolet, Inc. (Hefner) filing a complaint for a Declaratory Judgment to determine the rights of the parties with respect to an easement which was created by written contract between the parties' predecessors in interest.

The issues were ultimately fixed by a Second Amended Complaint and the answers filed in response thereto. After a series of interrogatories, both...

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