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BLINN v. CITY OF MARION

No. 2-678A215.

390 N.E.2d 1066 (1979)

Edwin W. BLINN, Wilmer Bricker, Robert Brookshire, Mildred Cox, A.S. Del Greco, M.E. Detamore, Marna Dunica, Ethel Fall, Earl C. Hill, V.R. Hyman, Earl F. McMahan, John Moriarity, Orville Moriarity, E.H. Reuter, Orville Sneed, Charles T. Stewart, George Stoeckmann, John M. Thompson, and Mildred Yeazel, Appellants (Plaintiffs below), v. The CITY OF MARION, Indiana, Appellee (Defendant below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied July 27, 1979.

Attorney(s) appearing for the Case

Patrick N. Ryan, Marion, for appellants.

John B. Milford, Warren Haas, Marion, for appellee.

YOUNG, Judge.

The appellants Blinn, et al., brought this action to challenge the validity of certain proposed public expenditures by the City of Marion. This action was prosecuted, in certain of its counts, as a public lawsuit. See IC 1971, 34-4-17-1 et seq. (Burns Code Ed.). The trial court granted summary judgment for the City. We reverse.

The circumstances necessary for an understanding of this lawsuit are as follows. In the autumn of 1977 the City...

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