Ross, Inc. v. Legler

On Motion to Dismiss or Affirm

Cooper, C. J.

This matter is now before us on the motion and petition of appellees to dismiss or in the alternative to affirm and to transfer this appeal to the Supreme Court of Indiana.

It appears from the record now before us that this is an action brought by one of the appellees, namely, Evansville School Corporation, against the appellant, Ross, Inc., and other appellees herein for the condemnation of real estate for school purposes.

It affirmatively appears that the appellee’s motion and petition are based entirely upon the theory that this cause was a…