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NOBLE CTY. COUNCIL ETC. ET AL. v. STATE EX REL. FIFER

No. 29,203.

234 Ind. 172 (1955)

125 N.E.2d 709

NOBLE COUNTY COUNCIL, ETC., ET AL. v. STATE EX REL. FIFER.

Supreme Court of Indiana.

Concurring Opinion filed April 7, 1955.

Attorney(s) appearing for the Case

James P. Murphy, of Fort Wayne, Albert J. Kuster, of Ligonier, and Leo Rumbaugh, of Albion, for appellants.

Ralph W. Probst, of Kendallville, for appellee.

ACHOR, J.

This is a civil action, brought by appellee against appellants to obtain judgment for salary and expenses as probation officer for Noble County, Indiana, and to mandate an appropriation for the payment of the amount due. Trial resulted in a judgment for $5,600 and costs against the Board of Commissioners of Noble County. The decree further directed the relator (appellee) to "prepare and submit to the Auditor and the County Council estimates for the amount...

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