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STATE EX REL. McCLURE ETC. v. MARION SUP. CT. ETC.

No. 29,787.

239 Ind. 472 (1959)

158 N.E.2d 264

STATE EX REL. McCLURE ETC. v. MARION SUPERIOR COURT, ETC.

Supreme Court of Indiana.

Rehearing denied June 3, 1959.

Attorney(s) appearing for the Case

Glenn W. Funk and Smith & Yarling, both of Indianapolis, for relator.

Nelson Grills, John G. McNutt, of counsel and John M. Heeter, of counsel, all of Indianapolis, for respondent.

ARTERBURN, J.

This is an original action asking for a writ of prohibition and mandate. It involves a dispute over the office of the Clerk of the Marion Circuit Court. The facts appear to be as follows:

Harry Gasper, Clerk of the Marion Circuit Court, died on April 7, 1959. The next day, April 8th, the Governor of this State designated the relator, Edwin McClure, as an appointee to fill the vacancy and issued his commission...

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