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STATE EX REL. INTERN. HARV. CO. v. ALLEN CIR. CT.

No. 1075S296.

352 N.E.2d 487 (1976)

STATE of Indiana On the Relation of International Harvester Company, Relator, v. ALLEN CIRCUIT COURT AND HONORABLE RAY ADE, Special Judge for the Allen Circuit Court, Respondents.

Supreme Court of Indiana.

August 19, 1976.

Attorney(s) appearing for the Case

Milford M. Miller, Fort Wayne, for relator.

David B. Keller, Ralph R. Blume, David A. Travelstead, Fort Wayne, Ted S. Miller, Huntington, for respondents.

DeBRULER, Justice.

On October 8, 1974, the Common Council of Fort Wayne passed an ordinance for the purpose of annexing an area of land at its borders. On December 18, 1974, landowners in the area, including relator, filed a remonstrance against this proposed annexation in the Allen Circuit Court, and the case now pends before the Honorable Ray Ade, Special Judge.

On September 3, 1975, relator filed a petition with the trial court to stay that remonstrance...

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