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MORRIS v. CITY OF KOKOMO

No. 2-976A345.

381 N.E.2d 510 (1978)

Robert J. MORRIS and John A. Meeks, Appellants (Plaintiffs below), v. CITY OF KOKOMO, John Daly, in His Official Capacity As Member of the Board of Works of the City of Kokomo and As a Private Individual, Earl Hemmeger, in His Official Capacity As Member of the Board of Works of the City of Kokomo and As a Private Individual, Kenneth Andrews, in His Official Capacity As Member of the Board of Works of the City of Kokomo and As a Private Individual, and Robert E. Donoghue, As Chief of the Kokomo Fire Department and As a Private Individual, Appellees (Defendants below).

Court of Appeals of Indiana, Second District.

Rehearing Denied November 21, 1978.

Attorney(s) appearing for the Case

John R. Gambs and Robert L. Bauman, Heide, Gambs and Mucker, Lafayette, for appellants.

Kenneth L. Andrews, Fred G. Osborn, Ralph L. Helms, Kokomo, for appellees.

SULLIVAN, Judge.

On November 11, 1975, Assistant Fire Chief Robert A. Morris and District Fire Chief John A. Meeks were demoted to the rank of private with commensurate reductions in pay and work responsibilities. Various means were employed in an attempt to regain their former positions, culminating with a complaint for declaratory and injunctive relief and for damages. The complaint was dismissed for failure to state a claim upon which relief could be granted, ...

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