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CITY OF MISHAWAKA v. MOHNEY

No. 3-173A7.

297 N.E.2d 858 (1973)

The CITY OF MISHAWAKA, Indiana, a Municipal Corporation, et al., Plaintiffs-Appellants, v. Harry V. MOHNEY, Theodore L. Sendak, As Attorney General of Indiana, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied September 6, 1973.

Attorney(s) appearing for the Case

R. Wyatt Mick, Jr., William T. Means, Mishawaka, for plaintiffs-appellants.

Robert Eugene Smith, Towson, Gilbert H. Deitch, Atlanta, Leonard V. Campanale, Mishawaka, for Harry V. Mohney.

HOFFMAN, Chief Judge.

This is an appeal by plaintiffs-appellants City of Mishawaka and its mayor, city clerk and the common council acting in their official capacities (Mishawaka) from the dismissal of two separate actions for declaratory judgment which were brought against defendants-appellees Harry V. Mohney and Theodore L. Sendak. Mishawaka's subsequent motion to correct errors was overruled and this appeal ensued.

The two causes, each naming Harry V. Mohney...

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