HANLEY v. STATE, DEPT. OF CONSERVATION ET AL.

No. 29,170.

234 Ind. 326 (1954)

123 N.E.2d 452

HANLEY v. STATE OF INDIANA, INDIANA DEPARTMENT OF CONSERVATION ET AL.

Supreme Court of Indiana.

Rehearing Denied May 20, 1955.


Attorney(s) appearing for the Case

Symmes, Fleming & Symmes, Charles Symmes, Lewis C. Bose, all of Indianapolis, and Waldo C. Ging, of Greenfield, for appellant.

Edwin K. Steers, Attorney General, Owen S. Boling and Harry E. Riddell, Deputy Attorneys General, for appellees.

Ralph B. Gregg, Lawrence H. Hinds and Sheldon A. Key, of Indianapolis, Paul G. Jasper, of Plainfield, and William E. Wolf, of Greenfield, for the American Legion, as Amicus Curiae.

Jesse W. Peden, of Indianapolis, for Disabled American Veterans Department of Indiana, Inc., as Amicus Curiae.

William S. Mercuri, of Indianapolis, for Veterans of Foreign Wars, Indiana, as Amicus Curiae.


GILKISON, C.J.

On May 27, 1953, appellant filed his complaint in Marion Superior Court, Room 3, against appellees, asking a declaratory judgment that section 11-1424, Burns' 1942 Repl., Cumulative Supplement, be declared unconstitutional. Upon motion properly made the venue of the cause was changed to the Hancock Circuit Court. In due time a second amended complaint was filed, and the same was put at issue by answer.

Upon trial there was a finding for appellees...

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