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BARNETT v. CITY OF INDIANAPOLIS

No. 2-673A140.

301 N.E.2d 526 (1973)

Eugene BARNETT et al., Plaintiffs-Appellants, v. The CITY OF INDIANAPOLIS et al., Defendants-Appellees, Shumaker Brothers Industries, Inc., Intervenor-Appellee.

Court of Appeals of Indiana, Second District.

October 1, 1973.

Attorney(s) appearing for the Case

Michael T. Dugan, II, Indianapolis, for plaintiffs-appellants.

Ronald L. Baker, Indianapolis, for defendants-appellees.

Paul J. DeVault, Krieg, DeVault, Alecander & Capehart, Indianapolis, for intervenor-appellee.

On Appellees' Motion to Dismiss

PER CURIAM.

This cause is pending before the Court on the Appellees' Motion to Dismiss which alleges that this action was a Public Lawsuit as defined by Ind. Ann. Stat. § 3-3306, IC 1971, 34-4-17-6, that any appeal from a public lawsuit must be taken as an interlocutory appeal, and that because appellants failed to timely perfect their appeal within 30 days after the judgment dismissing the cause, and further failed to...

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