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CITY OF INDIANAPOLIS, ETC. v. CENTRAL R. CO.

No. 2-1175A352.

369 N.E.2d 1109 (1977)

CITY OF INDIANAPOLIS, through the Department of Transportation, Appellant (Plaintiff below), v. CENTRAL RAILROAD COMPANY OF INDIANAPOLIS, Indiana and Penn Central Transportation Company, Appellees (Defendants below).

Court of Appeals of Indiana, Second District.

December 13, 1977.

Attorney(s) appearing for the Case

Jerry W. Newman, Asst. Corp. Counsel, Indianapolis, for appellant.

Elizabeth M. Daily, Edward B. Raub, Jr., Indianapolis, for appellees.

BUCHANAN, Judge.

CASE SUMMARY

Appellant-Plaintiff City of Indianapolis (City) appeals the award of attorneys' fees to Appellees-Defendants Central Railroad Company and Penn Central Transportation Company (the Railroads), claiming there is no legal basis for such an award.

We reverse.

FACTS

The facts and evidence most favorable to the trial court's judgment are:

On September 7, 1973, the City filed a complaint seeking to...

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