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CITY OF EVANSVILLE v. MILLER

No. 1-779A200.

412 N.E.2d 281 (1980)

CITY OF EVANSVILLE et al., Appellant (Defendant below), v. Vetris C. MILLER et al., Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

Rehearing Denied January 6, 1981.

Attorney(s) appearing for the Case

John C. Cox, Barbara Baker Williams and Timothy R. Dodd, Evansville, for appellant.

Harry P. Dees, Alan N. Shovers, Larry R. Downs and Patrick A. Shoulders, Evansville, for appellee; Kahn, Dees, Donovan & Kahn, Evansville, of counsel.

ROBERTSON, Presiding Judge.

This case arose in 1969, when the City of Evansville (City) amended its municipal code to limit city refuse collection to dwelling houses and apartment complexes containing four or less units. Prior to this change, the City collected refuse from all dwelling and apartment houses as a city service. The apartment owners initiated a class action alleging that the ordinance violated the Equal Protection Clause of the Fourteenth Amendment to...

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