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BAKER v. AMERICAN METAL CLIMAX, INC.

No. 1-974A140.

344 N.E.2d 73 (1976)

Richard L. BAKER, for Himself and On Behalf of All the Members of the Motoring Public of the State of Indiana Who Do or May Use State Highway 46 in Vigo County, Indiana, East of Riley, Indiana, Appellant (Plaintiff below), v. AMERICAN METAL CLIMAX, INC., Appellee (Defendant below).

Court of Appeals of Indiana, First District.

Rehearing Denied March 16, 1976.

Attorney(s) appearing for the Case

Hansford C. Mann, Mann, Mann, Chaney, Johnson, and Hicks, Terre Haute, for appellant.

Ice, Miller, Donadio & Ryan, G. Daniel Kelley, Jr., Indianapolis, for appellee, Tofaute & Spelman, Terre Haute, of counsel.

LYBROOK, Judge.

Plaintiff-appellant Richard Baker appeals from a judgment which partially modified a prior judgment in his favor against defendant-appellee American Metal Climax, Inc. (AMAX), presenting the following issues for review:

(1) Whether the trial court's conclusion that AMAX had authority to construct a lateral railroad across public roads and highways was supported by sufficient special findings.

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