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FINKE v. NORTHERN INDIANA PUBLIC SERVICE CO.

No. 45A03-0707-CV-324.

899 N.E.2d 5 (2008)

William FINKE and Ruth Finke, Appellants-Plaintiffs, v. NORTHERN INDIANA PUBLIC SERVICE COMPANY, Mercantile National Bank, as Trustees Under Trust Numbers 6058 and 6432, and others whose names and Addresses are not known, referred to as John Doe and Jane Doe, Appellees-Defendants, and Town of Highland, Indiana, Appellee-Intervenor Defendant.

Court of Appeals of Indiana.

April 8, 2008.

Attorney(s) appearing for the Case

Karl L. Mulvaney, James M. Hinshaw, Bingham McHale, LLP, Indianapolis, IN, Gordon A. Etzler, Gordon Etzler & Associates, Valparaiso, IN, Attorneys for Appellants.

Paul A. Rake, Matthew S. Ver Steeg, Eichhorn & Eichhorn, LLP, Hammond, IN, Attorneys for Appellee Northern Indiana Public Service Company.

Rhett L. Tauber, Esq., Tara K. Tauber, Esq., Tauber Westland & Bennett, P.C., Schereville, IN, Attorneys for Appellee Town of Highland, Indiana.

OPINION

FRIEDLANDER, Judge.

William and Ruth Finke appeal an entry of summary judgment in favor of Northern Indiana Public Service Company (NIPSCO) and the Town of Highland (Highland) on the basis that the Finkes' claim is barred by res judicata in this quiet title action involving a tract of land that was formerly part of a railroad corridor, since abandoned. The Finkes present several issues for review but...

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