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STATE EX REL. CITY OF NEW HAVEN v. WHITLEY CIRCUIT COURT

No. 1077S753.

429 N.E.2d 241 (1981)

STATE of Indiana On the Relation of City of New Haven and International Harvester Company, Relators, v. WHITLEY CIRCUIT COURT and the Honorable Edward J. Meyers, Jr., Judge, Respondents.

Supreme Court of Indiana.

December 23, 1981.

Attorney(s) appearing for the Case

Arthur H. Fruechtenicht, Milford M. Miller, Fort Wayne, for relators.

David B. Keller, Livingston, Dildine, Haynie & Yoder, Fort Wayne, for respondents.

PIVARNIK, Justice.

We previously issued a temporary Writ of Prohibition ordering the Whitley Circuit Court to stay any further proceedings in a declaratory judgment action involving an attempt by the City of Fort Wayne to defeat a 1972 annexation ordinance passed by the Common Council of the City of New Haven.

At the time this Court heard oral arguments on the application for a temporary writ, there were four causes of action pending in the courts of this...

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