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STATE EX REL. SMITH v. STARKE CIRCUIT COURT

No. 780S210.

417 N.E.2d 1115 (1981)

STATE of Indiana, On the Relation of Roger Lee Smith, Relator, v. The STARKE CIRCUIT COURT, and the Honorable Marvin D. McLaughlin, Judge of the Starke Circuit Court, Respondents.

Supreme Court of Indiana.

March 23, 1981.

Attorney(s) appearing for the Case

Frank E. Spencer, Indianapolis, for relator.

Theodore L. Sendak, Atty. Gen., Joseph N. Stevenson, William E. Daily, Deputy Attys. Gen., Indianapolis, for respondents.

PIVARNIK, Justice.

This cause is before us by virtue of relator's petition for a writ of mandate and prohibition against respondents, the Starke Circuit Court and the Honorable Marvin D. McLaughlin as judge of that court. At the heart of this case is a question concerning the constitutionality of Ind. Code §§ 33-4-1-74.3 - 33-4-1-74.9 (Burns Supp. 1980). These statutes concern the appointment of a master commissioner by the circuit court judge, and the commissioner...

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