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CITY OF MICHIGAN CITY v. AUSTIN

No. 3-1281A330.

442 N.E.2d 705 (1982)

CITY OF MICHIGAN CITY, and Hazel Thomas, Ray Rowe, and James Gillen As Members of the Civil Service Commission for the Fire Department of Michigan City, Indiana, Defendant-Appellant, v. Allen L. AUSTIN, William Pishkur, et al., As Members of a Class of Plaintiffs, and International Association of Firefighters, Local # 475, Plaintiffs-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 21, 1983.

Attorney(s) appearing for the Case

William Janes, Michigan City, for defendant-appellant.

Richard A. Browne, Gordon A. Etzler, Hoeppner, Wagner & Evans, Valparaiso, James B. Clements, Michigan City, for plaintiffs-appellees.

GARRARD, Judge.

On December 15, 1980 the Common Council of Michigan City enacted an ordinance creating a three member civil service commission to establish policies based on merit for the selection, promotion and discipline of Michigan City firefighters. On April 11, 1981 the International Association of Firefighters, Local # 475 (Union) filed suit challenging the statutory validity and constitutionality of the ordinance...

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