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ROCKWELL v. STATE

No. 271S42.

291 N.E.2d 894 (1973)

Ross R. ROCKWELL & Ruth T. Rockwell, Auditor of Porter County, Treasurer of Porter County, Appellants, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

February 7, 1973.

Attorney(s) appearing for the Case

Duane W. Hartman, of Blachly, Tabor & Bozik, Valparaiso, for appellants.

Theodore L. Sendak, Atty. Gen., Stephen D. Clase, Deputy Atty. Gen., for appellee.

PRENTICE, Justice.

This is an appeal by the defendant, Ross Rockwell, (appellant) from an order appointing appraisers in a condemnation action whereby the plaintiff (appellee) sought to appropriate land of the defendant for highway improvement purposes. The issues were formed by the defendant's objections alleging that the plaintiff was taking more of his land than was described in the complaint and that it was thereby seeking such excess without compensation. The...

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