STATE EX REL. O'NEAL v. CROS

No. 1-777A146.

378 N.E.2d 10 (1978)

STATE of Indiana ex rel. Robert A. O'Neal, Appellant (Plaintiff below), v. Davis CROS, James Theobald, George Lewallen, John Shettle, Roy Stebbing, Jr., E. William Schilling, As Members of the Pension Advisory Board of Indiana State Police Pension and Benefit Fund, Jack New, As Trustee of Indiana State Police Pension Fund, John A. Kendall, Norman Reeves, E. William Schilling, John R. Zentz, Garth Whipple, David J. Allen, As Members of the Indiana State Police Board, Appellees (Defendants below).

Court of Appeals of Indiana, First District.

Rehearing Denied August 29, 1978.


Attorney(s) appearing for the Case

David W. Mernitz, David W. Gray, Dutton, Kappes & Overman, Indianapolis, for appellant.

Theo. L. Sendak, Atty. Gen., David A. Arthur, Deputy Atty. Gen., Indianapolis, for appellees.


LYBROOK, Presiding Judge.

Robert A. O'Neal, plaintiff-appellant, brings this appeal following entry of judgment in favor of defendants-appellees (hereinafter referred to as Pension Board).

The facts are uncontroverted. The judgment was entered based on the pleadings, a stipulation of facts and trial briefs submitted by each litigant. No evidentiary proceeding was held. The stipulated facts of relevance show that O'Neal was an employee of the Indiana State...

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