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TOWN OF PORTER v. BETHLEHEM STEEL CORP.

No. 3-982A233.

451 N.E.2d 69 (1983)

TOWN OF PORTER, Indiana; Thomas W. Esgate, William E. Tilden, Joan M. Shields, Charles H. Folk and Eugene Bodnar, As Trustees of the Town Board of Porter, Indiana; Katherine F. Vogan, Deputy Clerk Treasurer, and Lila L. Hokanson, Clerk Treasurer of the Town of Porter, Appellants (Defendants below), v. BETHLEHEM STEEL CORPORATION, Northern Indiana Public Service Company and Chicago South Shore & South Bend Railroad, Appellees (Plaintiffs below).

Court of Appeals of Indiana, First District.

Rehearing Denied August 24, 1983.

Attorney(s) appearing for the Case

Robin D. Pierce, Spangler, Jennings, Spangler & Dougherty, P.C., Merrillville, for appellants.

Delmar R. Hoeppner, Larry G. Evans, Karen L. Hughes, Hoeppner, Wagner & Evans, Valparaiso, Jerry P. Belknap, Daniel W. McGill, Barnes & Thornburg, Indianapolis, William H. Eichhorn, Paul A. Rake, Charles W. Webster, Eichhorn, Eichhorn & Link, Hammond, for appellees.

NEAL, Judge.

STATEMENT OF THE CASE

Defendants-appellants Town of Porter, et al (Town) appeal from an order of the Porter Superior Court granting plaintiffs-appellees Bethlehem Steel Corporation (Bethlehem), Northern Indiana Public Service Company (NIPSCO) and Chicago South Shore & South Bend Railroad (Railroad) summary judgment upon their objection to the Town's second annexation attempt of certain property in violation of the two-year moratorium...

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