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BOARD OF PUBLIC SAFETY v. STATE, ETC.

No. 3-778A173.

388 N.E.2d 582 (1979)

BOARD OF PUBLIC SAFETY, Fire Civil Service Commission and City of East Chicago, Indiana, Appellant (Defendant below), v. STATE of Indiana On the Relation of Desi Benkovich, Peter Bianchi, James Busanic, James Dvorscak, John Hatagan, Robert Jarecki, Frank Kish, Freddrick Kolodziej, Richard Marcieniec, Jerome Markovich, George Kotarsky, Edward Krygier, Henry Michalak, Ray Michalski, Theodore Michalski, Eugene Mikolajczyk, John Milch, Andres Mish, Kenneth Mulholland, Richard Kellemen, James O'Donnell, Joseph Pedraza, Alex Pisowicz, Ray Ross, George Shulock, Joseph Shimko, Richard Slamkowski, John Sukta, George Turoci, Michael Wagner, Howard Wilmot, Eli Zak, and East Chicago Firefighters Association, Local No. 365, Afl-Cio, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Third District.

Rehearing Denied June 7, 1979.

Attorney(s) appearing for the Case

Michael E. Connelly, Steven T. Bielak, East Chicago, for appellant.

Hilbert L. Bradley, Gary, for appellees.

STATON, Judge.

Members of the fire force of the City of East Chicago sought a declaratory judgment invalidating an ordinance which contained a residency requirement and enjoining enforcement thereof. The trial court declared the ordinance to be unconstitutional in that it was superseded and preempted by state law. The City was enjoined from enforcing the ordinance. The City appeals, claiming the local residence requirement

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