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COUNTY DEPT. OF PUB. WELF. v. CITY-COUNTY COUNCIL

No. 1-375A61.

338 N.E.2d 656 (1975)

THE COUNTY DEPARTMENT OF PUBLIC WELFARE OF MARION COUNTY, and Elizabeth Samkowski, As Director of the Marion County Department of Public Welfare and in Her Individual Capacity, Plaintiffs-Appellants, v. The CITY-COUNTY COUNCIL of Marion County et al., and William S. Mercuri, Edward G. Hoffmann, Jr. and Lawrence L. Buell, As Commissioners of Marion County, Defendants-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied January 20, 1976.

Attorney(s) appearing for the Case

Robert W. Geddes, Smith & Jones, Carl J. Meyer, Rhoads, Meyer, Buehl & Cutter, Indianapolis, Seth B. Lewis, Lewis & Hardin, Danville, for plaintiffs-appellants.

Gary R. Landau, Theodore Sendak, Atty. Gen., Indianapolis, E. Alonzo Deckard, Lind, Deckard, O'Brien & Lawson, Danville, for defendants-appellees.

ROBERTSON, Chief Judge.

The Marion County Welfare Department brings this appeal from the trial court's denial of a petition for mandate seeking to compel the City-County Council (Council) of Marion County to effectuate a salary increase for department employees.

The primary issue upon appeal is whether the refusal of the council to grant the salary increase was in violation of state law.

Finding no error, we affirm the trial court's denial of the petition...

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