WELLS v. AUBERRY

No. 1-581A182.

429 N.E.2d 679 (1982)

James L. WELLS, Sheriff of Marion County, Indiana; John R. Weliever, President of Marion County Sheriff's Merit Board; and Marvin E. Ferguson, Gene E. Sease, and Fred W. Morley, Members of the Marion County Sheriff's Merit Board, Defendants-Appellants, v. Bernard J. AUBERRY, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied February 19, 1982.


Attorney(s) appearing for the Case

Joseph W. Hammes, John H. Stanley, Indianapolis, for defendants-appellants.

R. Scott Hayes, Scotten & Hinshaw, New Castle, A. David Stippler, Byrum, Gagnon, Diehl & Stippler, Indianapolis, for plaintiff-appellee.


RATLIFF, Presiding Judge.

STATEMENT OF CASE

James L. Wells, Sheriff of Marion County, (Wells) and members of the Marion County Sheriff's Merit Board (Board) bring this interlocutory appeal of the trial court's order granting preliminary injunctive relief which restored Bernard J. Auberry (Auberry) to his former rank pending resolution of his complaint against Wells and the Board. We reverse.

FACTS

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