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BALLARD v. BOARD OF TRUSTEES OF POLICE PEN. FUND, ETC

No. 1-873A139.

313 N.E.2d 351 (1974)

Wilbert Lee BALLARD, Plaintiff-Appellant, v. BOARD OF TRUSTEES OF THE POLICE PENSION FUND OF THE CITY OF EVANSVILLE, Indiana, Defendant-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied August 9, 1974.

Attorney(s) appearing for the Case

John D. Clouse, Evansville, for plaintiff-appellant.

John C. Cox, Evansville, for defendant-appellee.

LYBROOK, Judge.

Plaintiff-appellant Ballard brought an action for restoration of his policeman's pension which had been terminated by defendant-appellee Board due to his conviction of a felony. From a judgment in favor of the appellee, Ballard appeals.

Ballard challenges the constitutionality of the termination of his benefits pursuant to IC 1971, 19-1-24-5, Ind. Ann. Stat. § 48-6405 (Burns 1963), which provides:

"Whenever any person who shall...

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