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AMBURGEY v. MILLER

No. 3-575A87.

362 N.E.2d 869 (1977)

Clayton AMBURGEY, Glenna Amburgey, and Duneland Heating and Cooling Company, Inc., Plaintiffs-Appellants, v. Randall MILLER, Robert Gilmore, Donald E. Transki, Stanley Biela, Carl W. Dombrowsky, Thomas Wagner, and City of Michigan City, Indiana, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

May 17, 1977.

Attorney(s) appearing for the Case

Hilbert L. Bradley, Gary, for plaintiffs-appellants.

Robert W. Gilmore, Jr., Deputy City Atty., Michigan City, for defendants-appellees.

GARRARD, Judge.

This appeal is from the action of the trial court dismissing appellants' (Amburgeys) amended complaint which attacked a city ordinance providing for the licensing of heating and ventilating contractors.

The ordinance (a portion of the city building code) provided for the examination and licensing of applicants. Section 13.08 stated that,

"Should an applicant fail to pass an examination,...

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