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BENDER v. STATE EX REL. WAREHAM

No. 3-976A225.

388 N.E.2d 578 (1979)

Robert A. BENDER, Appellant (Defendant below), v. STATE of Indiana ex rel., Elaine I. Wareham, et al., for the Benefit of Allen County, Indiana, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Third District.

Rehearing Denied May 31, 1979.

Attorney(s) appearing for the Case

William F. McNagny and John F. Lyons, Barrett, Barrett & McNagny, Fort Wayne, for appellant.

Larry J. Burke and Robert Owen Vegeler, Kennedy, Dumas, Burke & Backs, P.C., Fort Wayne, for appellees.

HOFFMAN, Judge.

The relators brought this suit against Bender, the former Sheriff of Allen County, claiming that he had unlawfully profited from the feeding of prisoners in the county jail. They contended that under the terms of IC 1971, 17-3-75-2 (Burns Code Ed.) the exact amount of money required to feed county prisoners was to be appropriated by the county council and that any system which allowed the sheriff to receive a flat per meal fee for that purpose was...

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