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BAKER v. HAWKINS

No. 973S172.

300 N.E.2d 653 (1973)

Marvin BAKER et al., Appellants (Plaintiffs below), v. Carl W. HAWKINS et al., Appellees (Defendants below).

Supreme Court of Indiana.

Rehearing Denied October 24, 1973.

Attorney(s) appearing for the Case

Richard D. Bray, Martinsville, Parr, Richey, Obremskey, Pedersen & Morton, Lebanon, for appellants.

Ralph M. Foley, John E. Hurt, Martinsville, Frank T. Lewis, Plainfield, for appellees.

OPINION ON PETITION TO TRANSFER

HUNTER, Justice.

This cause arises in this Court upon petition to transfer, and one issue is presented for our determination: Whether the sale of the electrical utilities of an incorporated town may be conducted through colorable compliance with mandatory statutes. We hold that it shall not be so conducted.

The plaintiffs, newly elected members of the Town Board of Paragon, instituted the instant action, seeking to...

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