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CITY OF MISHAWAKA v. STEWART

No. 474S90.

310 N.E.2d 65 (1974)

CITY OF MISHAWAKA, Indiana, Respondent-Appellant, v. Thomas J. STEWART, Petitioner-Appellee.

Supreme Court of Indiana.

April 30, 1974.

Attorney(s) appearing for the Case

R. Wyatt Mick, Jr., Mishawaka, for respondent-appellant.

Myron J. Hack, South Bend, for petitioner-appellee.

PRENTICE, Justice.

This case is before us on a petition to transfer from the Court of Appeals, District Three, the decision and opinion of that Court having been filed on January 31, 1973 and reported at 291 N.E.2d 900. Rehearing was denied March 22, 1973.

Although more issues were formed and responded to in the Court of Appeals, only two are pertinent to our determination.

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