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CITY OF EVANSVILLE v. WALKER

No. 1-574A89.

318 N.E.2d 388 (1974)

CITY OF EVANSVILLE, Defendant-Appellant, v. Richard WALKER, On Behalf of Himself and All Others Similarly Situated, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

November 6, 1974.

Attorney(s) appearing for the Case

Cox, Schroeder, Dodd, Staser & Mitchell, Evansville, for defendant-appellant.

Ronald Warrum, Evansville, for plaintiff-appellee.

ROBERTSON, Presiding Judge.

Defendant-appellant, City of Evansville, appeals from a summary judgment ordering it to repay traffic fines found to have been erroneously collected from plaintiff-appellees, Richard Walker and others similarly situated.

Two issues are presented for our review:

(1) Was the trial judge correct in finding that the city lacked the authority to impose the fines?

(2) Did the trial judge err in ordering that the fines...

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