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CITY OF EVANSVILLE v. OLD STATE UTILITY

No. 82A01-8908-CV-325.

550 N.E.2d 1339 (1990)

CITY OF EVANSVILLE, Indiana, Appellant (Defendant and Counterclaimant below), v. OLD STATE UTILITY Corporation and Building Development, Inc. Louis Heuer and Alma Heuer, Appellees (Plaintiffs and Counterdefendants below).

Court of Appeals of Indiana, First District.

March 7, 1990.

Attorney(s) appearing for the Case

George A. Porch, Bamberger, Foreman, Oswald and Hahn, Evansville, for appellant.

Thomas M. Swain, Evansville, for appellees.

ROBERTSON, Judge.

The City of Evansville (City) appeals the entry of a judgment declaring a certain contract between the City by its Board of Sewage Works, Old State Utility Corp. (Old State), a rural sewer utility, and Building Development Corp. valid and binding.

We reverse.

The circumstances leading to the agreement in controversy are these: Appellee-plaintiff Building Development Corp. holds land for development and offers for sale to the public...

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