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BRUNE v. MARSHALL

No. 1-276A26.

350 N.E.2d 661 (1976)

William J. BRUNE, Prosecutor First Judicial Circuit, Appellant (Defendant below), v. William M. MARSHALL, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

Rehearing Denied August 25, 1976.

Attorney(s) appearing for the Case

John D. Clouse, Evansville, for appellant.

John F. Davis, Evansville, for appellee.

LYBROOK, Judge.

Plaintiff-appellee Marshall brought this action to recover a $20 fee paid to defendant-appellant Brune as partial payment for admission to the "Alcohol Deferred Prosecution Program", a pre-charging alcohol related rehabilitation procedure established and administered by the Vanderburgh County Prosecutor Brune.

Brune counterclaimed, requesting a definitive judicial opinion of the legality and constitutionality...

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