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ST. JOSEPH COUNTY v. WILMES

No. 3-681A157.

428 N.E.2d 103 (1981)

ST. JOSEPH COUNTY; St. Joseph County Commissioners; St. Joseph County Auditor, Eugene Basker; St. Joseph County Treasurer, Aloysius J. Kromkowski; and Aetna Insurance Life and Casualty Insurance Company, Defendants-Appellants, v. Philip WILMES and Barbara Wilmes, Plaintiffs-Appellees.

Court of Appeals of Indiana, Third District.

November 30, 1981.

Attorney(s) appearing for the Case

Daniel H. Pfeifer, Sweeney, Butler & Simeri, South Bend, for defendants-appellants.

Paul James Newman, South Bend, for plaintiffs-appellees.

HOFFMAN, Presiding Judge.

St. Joseph County et al. appeal a summary judgment in favor of Philip and Barbara Wilmes. The two issues preserved for appeal are:

(1) whether the trial court erred in excluding certain evidence and (2) whether the trial court applied the correct measure of damages.

The record and briefs show that, in 1973, a forty-two acre parcel of land, which is the subject matter of this dispute, was owned by Mr. and Mrs. Charles...

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