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GROVER v. FRANTZ

No. 2-1079A316.

408 N.E.2d 567 (1980)

Frederick F. GROVER and Nova Myrtle Grover, Appellants (Petitioners below), v. Thomas L. FRANTZ, Joy L. Brown, William M. Thomas, Joe M. Jacobs, As Members of the Wells County Drainage Board, Appellees (Respondents below).

Court of Appeals of Indiana, Fourth District.

August 11, 1980.

Attorney(s) appearing for the Case

Michael E. Boonstra, Boonstra, Chovanec & Truitt, Markle, for appellants.

S. Daniel Weldy, III, Gallivan, Hamilton, Hamilton, Seese & Patterson, Bluffton, for appellees.

CHIPMAN, Judge.

Appellants Frederick and Nova Grover appeal from a decision of the Grant Circuit Court, which entered summary judgment in favor of the appellees, members of the Wells County Drainage Board (hereinafter collectively referred to as "the Board"). On appeal Grovers attack the lower court's decision, arguing that material issues of fact remained for trial.1 We hold summary judgment was improperly granted in this case.

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