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IND. ED. EMPLOYMENT v. BENTON COMMUNITY SCH.

No. 776S203.

365 N.E.2d 752 (1977)

INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD, Franklin K. DeWald, Individually and in His Capacity As Chairman of the Indiana Education Employment Relations Board, Cleon Foust and George D. Gardner, Individually and in Their Capacity As Members of the Indiana Education Employment Relations Board, Appellants, American Federation of State, County and Municipal Employees, Afl-Cio, Appellant-Intervenor, v. BENTON COMMUNITY SCHOOL CORPORATION, Appellee.

Supreme Court of Indiana.

Rehearing Denied September 27, 1977.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Arthur Thaddeus Perry, Deputy Atty. Gen., Indianapolis, for appellants.

Zwerdling & Maurer by Wendy L. Kahn, Washington, D.C., Bingham, Summers, Welsh & Spilman, Richard J. Darko, Indianapolis, for appellant-intervenor.

Alan H. Lobley, Alan T. Nolan, Martha S. West, Ice, Miller, Donadio & Ryan, Indianapolis, for appellee.

PRENTICE, Justice.

This is an appeal from the determination of the trial court that Public Law 254, Acts of 1975 (Ind. Code 22-6-4-1) et seq. is unconstitutional as violative of Article I, Section 12 of our state constitution, in that it prohibits judicial review of an administrative agency's determination.

Three issues are presented, for our determination, by briefs of Appellant and Appellant-Intervenor.

(1) Did the trial court err, as a matter...

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