CITY OF MUNCIE v. CAMPBELL

No. 472A209.

295 N.E.2d 379 (1973)

The CITY OF MUNCIE, Indiana, et al., Defendants-Appellants, v. Marvin E. CAMPBELL, Plaintiff-Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied May 11, 1973.


Attorney(s) appearing for the Case

Darrel K. Peckinpaugh, City Atty., Muncie, for defendants-appellants.

Lennington & Lennington, Wayne J. Lennington, Slagle & Shirey, Muncie, for plaintiff-appellee.


SULLIVAN, Judge.

The basic issue before us concerns whether a police officer, who has been suspended from duty by the Chief of Police pursuant to IC (1971), 19-1-14-19, Ind. Ann. Stat. § 48-6278 (Burns' 1972 Supp.) may be subjected to further disciplinary action by the Police and Fire Merit Commission pursuant to the same statutory provision.

The Delaware Superior Court reviewed the cause in light of the following stipulated facts: On December 1, 1971...

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