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WAY v. CITY OF SOUTH BEND

No. 3-885 A 228.

496 N.E.2d 802 (1986)

Douglas W. WAY, Individually and On Behalf of All Members of the South Bend Police Department Similarly Situated, Plaintiff-Appellant, v. CITY OF SOUTH BEND, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

August 28, 1986.

Attorney(s) appearing for the Case

J. Christopher Warter, South Bend, for plaintiff-appellant.

Richard L. Hill, City Atty., Carolyn V. Pfotenhauer, Asst. City Atty., South Bend, for defendant-appellee.

GARRARD, Judge.

In October 1984 the South Bend Board of Public Safety adopted a merit plan for the South Bend Police Department.

The plan established a Promotion Review Board which was to prepare a promotion ranking list based on the composite scores received by those seeking promotion. When a vacancy occurs the top three officers on the list are eligible to fill it. The Chief of Police, who is not a member of the review board, makes the selection.

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