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ATKINS v. KLUTE

No. 1375A57.

346 N.E.2d 759 (1976)

Donald E. ATKINS et al., Appellants (Plaintiffs below) v. Byron E. KLUTE, Mayor of the City of Richmond, Indiana, and As a Member of the Board of Public Works and Safety of the City of Richmond, Indiana, et al., Appellees (Defendants below).

Court of Appeals of Indiana, First District.

May 18, 1976.

Attorney(s) appearing for the Case

John C. Ruckelshaus, Rex P. Killian, Indianapolis, for appellants.

Robert L. Reinke, Richmond, for appellees.

LYBROOK, Judge.

Plaintiffs-appellants Atkins et al. appeal from a judgment in favor of defendants-appellees Klute et al. on plaintiffs' complaint for declaratory judgment and mandate. The following issues are presented for review:

(1) Whether firemen employed by the city of Richmond could lawfully be dismissed from their employment on January 1, 1973, for economic reasons. (2) Whether there was sufficient evidence to support the judgment...

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