ROARK v. CITY OF NEW ALBANY

No. 4-483A107.

466 N.E.2d 62 (1984)

Joe ROARK, Appellant (Plaintiff below), v. CITY OF NEW ALBANY, Appellee (Defendant below).

Court of Appeals of Indiana, Fourth District.

July 26, 1984.


Attorney(s) appearing for the Case

Tom G. Jones, Jones, Loveall & Coachys, Franklin, Bruce R. Runnels, Cline, King, Beck, Harrison & Runnels, Columbus, for appellant.

Lewis A. Endres, Young, Lind & Endres, New Albany, for appellee.


YOUNG, Judge.

Joe Roark brought suit against the City of New Albany (the City) challenging the City's decision to suspend him without pay. On the City's motion, the trial court dismissed Roark's complaint with prejudice. On appeal, Roark raises three issues: (1) whether the City's motion should have been treated as one for summary judgment and, as such, denied because material facts are disputed; (2) whether the trial court's decision to dismiss was contrary to law...

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