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INDUSTRIAL DISPOSAL v. CITY OF EAST CHICAGO

No. 3-479A111.

407 N.E.2d 1203 (1980)

INDUSTRIAL DISPOSAL Corporation of America, a Delaware Corporation, and Industrial Disposal Corporation of America, an Indiana Corporation, Plaintiffs-Appellants, v. CITY OF EAST CHICAGO, Department of Water Works, a Municipal Corporation, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

August 6, 1980.

Attorney(s) appearing for the Case

George Vann, R. Steven Ryan, Barce, Vann & Ryan, Kentland, for plaintiffs-appellants.

Michael E. Connelly, East Chicago, John H. McKenna, Gary, for defendant-appellee.

GARRARD, Presiding Judge.

The appellants (Industrial) brought this action for inverse condemnation against the Department of Water Works of the City of East Chicago (the city), after Industrial discovered a twenty inch water main buried upon a parcel of land it had purchased from the New York Central Railroad Company (the railroad).

It appears that the city constructed the main under authority of an instrument executed and delivered to it by the railroad upon...

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