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INDIANA SUBURBAN SEWERS, INC. v. HANSON

No. 3-1273A161.

334 N.E.2d 720 (1975)

INDIANA SUBURBAN SEWERS, INC., and Suburban Services, Inc., Plaintiffs-Appellants, v. Robert D. HANSON, Clerk of the Allen Circuit Court, and Robert A. Bender, Sheriff of Allen County, Indiana, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied December 19, 1975.

Attorney(s) appearing for the Case

Donald F. Strutz, Fort Wayne, Arthur H. Gemmer, Indianapolis, for plaintiffs-appellants.

Harry W. Scott, Allen County Atty., Fort Wayne, Thomas E. Ruzzo, Chief Deputy Allen County Atty., Fort Wayne, for defendants-appellees.

GARRARD, Judge.

Appellants (Suburban) brought suit against the Allen County Sheriff and County Clerk seeking to enjoin a mortgage foreclosure sale. Appeal is taken from a summary judgment in favor of the defendants.

The record discloses the following background. On April 26, 1972, American Fletcher National Bank brought suit in Allen County against Suburban to foreclose a mortgage on Suburban's public utility property in Allen County. John Dehner, Inc., another...

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