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WENCKE v. CITY OF INDIANAPOLIS

No. 2-681A203.

429 N.E.2d 295 (1981)

Elwood WENCKE, Appellant (Plaintiff below), v. CITY OF INDIANAPOLIS, Eugene Gallagher, Chief of the Indianapolis Police Department, and Donald Adams, Lieutenant in Charge of Personnel of the Indianapolis Police Department, Appellees (Defendants below).

Court of Appeals of Indiana, Second District.

Rehearing Denied February 18, 1982.

Attorney(s) appearing for the Case

William A. Hasbrook, Ruckelshaus, Roland & O'Connor, Indianapolis, for appellant.

Richard S. Ewing, Chief Litigation Counsel, Susan L. Macey, Asst. Corp. Counsel, John P. Ryan, Corp. Counsel, Indianapolis, for appellees.

SHIELDS, Judge.

Elwood Wencke appeals the decision of the trial court denying his petition to enjoin enforcement of the Indianapolis Police Department's mandatory retirement age of 65. He raises the following issues on appeal:

1) whether application of a mandatory retirement age of 65 to Wencke violated the constitutional prohibition against impairment of contracts; 2) whether the Indianapolis Police Department is estopped from enforcing a mandatory...

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