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STATE EX REL. INDIANA STATE EMP. v. BOEHNING

No. 2-977A369.

396 N.E.2d 422 (1979)

STATE of Indiana ex rel. Indiana State Employees' Association, Incorporated, an Indiana Not-for-Profit Corporation, and Ray B. Merritt, Ervin Schwier, Richard H. Smart and Henry T. Starkey, Appellants (Plaintiffs below), v. Richard A. BOEHNING, Chairman of the Indiana State Highway Commission; Indiana State Highway Commission; Robert F. Marsh, Executive Director of the Indiana State Highway Commission; Leonard E. Lucas, District Engineer, La Porte District, Indiana State Highway Commission; George A. Brumbach, Chairman State Employees' Appeals Commission; State Employees' Appeals Commission and Alan J. Fromuth, Personnel Director, Department of Administration, Appellees (Defendants below).

Court of Appeals of Indiana, Second District.

November 5, 1979.

Attorney(s) appearing for the Case

Ronald E. Elberger, Indianapolis, for appellants.

Theodore L. Sendak, Atty. Gen., Victoria R. Van Duren, Deputy Atty. Gen., Indianapolis, for appellees.

BUCHANAN, Chief Judge.

CASE SUMMARY

Plaintiffs-Appellants State of Indiana ex rel. Indiana State Employees' Association, Incorporated and Ray B. Merritt, Ervin Schwier, Richard H. Smart, and Henry T. Starkey (Employees) appeal from a decision of the Marion Circuit Court denying them the right to an administrative due process hearing prior to their reclassification from salaried Engineer Assistants II to hourly laborers.

We reverse.

FACTS...

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