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BD. OF DIRECTORS, ETC. v. CLOVERLEAF FARMS

No. 2-1274A296.

360 N.E.2d 1039 (1977)

BOARD OF DIRECTORS, Ben Davis Conservancy District, Appellant (Defendant below), v. CLOVERLEAF FARMS, Inc., Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

Transfer Denied June 10, 1977.

Attorney(s) appearing for the Case

Phillip C. Klotz, Noblesville, Robert E. Sward, Indianapolis, for appellant.

J.C. Burris, Indianapolis, for appellee; Burris & Gross, Indianapolis, Campbell, Kyle, Profitt, Cook & Campbell, Noblesville, of counsel.

LYBROOK, Judge.

ON PETITION FOR REHEARING

Petitioner Cloverleaf Farms, Inc. (Cloverleaf) requests a rehearing on the grounds that this Court weighed the evidence when rendering the original opinion.

As part of its argument Cloverleaf points to the original easement, specifically that part which states:

"It is understood that the district will lay and install said line in substantial compliance with the plans and specifications of J.B. Wilson...

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