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HEMINGER v. POLICE COM'N OF CITY OF FORT WAYNE

No. 3-473A45.

314 N.E.2d 827 (1974)

Thomas HEMINGER et al., Plaintiffs-Appellants, v. THE POLICE COMMISSION OF THE CITY OF FORT WAYNE, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

July 29, 1974.

Attorney(s) appearing for the Case

J. Byron Hayes, Marvin S. Crell, G. Stanley Hood, Tourkow, Danehy & Crell, Fort Wayne, for appellants.

William F. McNagny, James M. Prickett, Barrett, Barrett & McNagny, Roy S. Dale, Fort Wayne, for appellees.

Theodore L. Sendak, Atty. Gen., A. Frank Gleaves, Patricia J. Gifford, Deputy Attys. Gen., Indianapolis, for State.

HOFFMAN, Chief Judge.

On May 25, 1972, appellants, members of the Police Department of the City of Fort Wayne, Indiana, filed a complaint in the Allen Circuit Court seeking a temporary restraining order without notice, temporary and permanent injunctions and a declaratory judgment to enjoin the implementation of IC 1971, 19-1-20-1 et seq., Ind. Ann. Stat. § 48-6286 et seq. (Burns' Supp. 1973), by appellees herein, the Police Commission of the City of Fort Wayne...

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