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HALE v. SMITH

No. 479S86.

390 N.E.2d 645 (1979)

Frank R. HALE, As President and Robert Arnold, John Gettinger, Thomas Taylor, Walter Earl Monk, Marion Eugene Hood and William L. Parker, As Members of the Sullivan County Council, and Barbara Anderson, As Auditor of Sullivan County, Petitioners, v. Brian W. SMITH, As Judge of the Sullivan County Court, Respondent.

Supreme Court of Indiana.

June 12, 1979.

Attorney(s) appearing for the Case

Mark Leo Reed, Sullivan, for petitioners.

James J. Riester, Linton, for respondent.

DeBRULER, Justice.

This is an expedited appeal pursuant to Ind.R.Tr.P. 60.5 of this Court from a judgment of the Sullivan County Court, the Honorable Martin E. Risacher, Special Judge, affirming a mandate ordered by the Honorable Brian W. Smith, regular judge of the Sullivan County Court. The subject mandate order was issued to the Sullivan County Council on September 5, 1978, and required that the County Court Reporter be paid an annual salary for 1979 in the amount...

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