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GASKIN v. BEIER

No. 41A05-9303-CV-115.

622 N.E.2d 524 (1993)

Elvis GASKIN, Appellant-Defendant, v. Ronald E. BEIER, Appellee-Plaintiff.

Court of Appeals of Indiana, Fifth District.

Transfer Denied February 18, 1994.

Attorney(s) appearing for the Case

John C. Ruckelshaus, M. Elizabeth Bemis, Ruckelshaus, Roland, Hasbrook & O'Connor, Indianapolis, for appellant-defendant.

Irwin B. Levin, Marilyn A. Moores, Steven J. Halbert, Cohen & Malad, P.C., Indianapolis, for appellee-plaintiff.

BARTEAU, Judge.

May an individual simultaneously serve both as a member of the Town Board of Trustees and as the Town Deputy Marshal? In a suit for injunctive relief brought by Ronald Beier, the Town Marshal, the trial court held that Elvis Gaskin, the Edinburgh Deputy Marshal who also served on the Edinburgh Town Board of Trustees, could not serve both posts. Accordingly, the trial court permanently enjoined Gaskin from "voting on any matter before the Edinburgh...

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