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STATE, ETC. v. RIPLEY COUNTY COUNCIL

No. 1-179A24.

395 N.E.2d 867 (1979)

STATE of Indiana ex rel. John P. Schuerman, Prosecuting Attorney for the 80TH Judicial Circuit of Indiana, Appellant-Relator, v. The RIPLEY COUNTY COUNCIL, Robert Behlmer, President, Paul Voss, Ralph Dunbar, Joe Becker, Herbert Aufderheide, Charles Baylor, George Ammerman, Members, and Gerald Asche, Auditor of Ripley County, Appellees-Respondents.

Court of Appeals of Indiana, First District.

October 29, 1979.

Attorney(s) appearing for the Case

John P. Schuerman, Versailles, for appellant-relator.

John D. Gay, Gay & Gay, Versailles, for appellees-respondents.

ROBERTSON, Judge.

This appeal arises out of the trial court's judgment refusing to mandate the Ripley County Council (Council) and Auditor to appropriate funds to compensate the Ripley County prosecuting attorney's investigator for the last nine months of 1978. We reverse and remand.

The facts, briefly stated, are that the Ripley County prosecutor requested funds for a prosecutor's investigator position in his 1978 budget. The investigator had been employed...

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