CARSTEN v. EICKHOFF

No. 3-373A33.

323 N.E.2d 664 (1975)

A. Wayne CARSTEN and Doris M. Carsten, Appellants (Plaintiffs below), Midwest Aggregates Corp., Appellants (Defendant below), v. Charles W. EICKHOFF et al., Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

Rehearing Denied April 15, 1975.


Attorney(s) appearing for the Case

David B. Keller, Keller, Fleck & Holleran, Marvin S. Crell, Tourkow, Danehy & Crell, J.A. Bruggeman, Barrett, Barrett & McNagny, Fort Wayne, for appellants.

Jack R. Notestine, Notestine & Trotter, Fort Wayne, for appellees.


STATON, Presiding Judge.

The Carstens had a three year lease with an option to renew for ten years which permitted them to remove topsoil, gravel and sand from the Eickhoffs' farm. Midwest Aggregates Corporation became the Carstens' sublessee. Removal operations continued several years after the time for renewal had expired when the Eickhoffs gave notice that the lease would be terminated. The Carstens brought an action for a declaratory judgment contending that they...

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