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BAKER v. TOWN OF MIDDLEBURY

No. 20A05-0012-CV-523.

753 N.E.2d 67 (2001)

Robert R. BAKER, Appellant-Plaintiff, v. The TOWN OF MIDDLEBURY, Indiana, and Gregg Fore, James Riegsecker, James Miller, Gary O'Dell, Ruth Eash, All in their official capacities as members of the Middlebury, Indiana Town Council, Appellees Defendants.

Court of Appeals of Indiana.

August 6, 2001.

Attorney(s) appearing for the Case

Richard W. Rogers, Middlebury, IN, Attorney for Appellant.

Craig M. Buche, Yoder, Ainlay, Ulmer & Buckingham, Goshen, IN, Attorneys for Appellees.

OPINION

BAKER, Judge.

Appellant-plaintiff Robert R. Baker appeals the trial court's dismissal of his complaint pursuant to Ind.Trial Rule 12(B)(6) for failure to state a claim upon which relief can be granted. Specifically, Baker contends that the appellee-defendant Middlebury Town Council's (Council) compilation of the list of employees to be rehired for the year 2000 in executive session, and his exclusion...

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