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GUMZ v. BEJES

No. 3-473A35.

321 N.E.2d 851 (1975)

Arthur P. GUMZ, Defendant-Appellant, v. John BEJES et al., Plaintiffs-Appellees.

Court of Appeals of Indiana, Third District.

January 23, 1975.

Attorney(s) appearing for the Case

John E. Hughes, Gordon A. Etzler, Chester, Clifford Hoeppner & Houran, Valparaiso, Lester L. Wilson, Winamac, for defendant-appellant.

John E. Newby, Edward L. Volk, Newby, Lewis, Kaminski & Jones, LaPorte, for plaintiffs-appellees.

GARRARD, Judge.

This appeal involves cross actions seeking injunctive relief and damages. The trial court granted an injunction and nominal damages to the appellees (the adjoining landowners) and refused relief to appellant (Gumz). In addition to questioning the court's grant of relief to the adjoining landowners and its denial of relief to Gumz, it is also asserted that the court erred in refusing a jury trial.

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