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SMITH v. CITY OF HAMMOND

No. 45A03-0509-CV-468.

848 N.E.2d 333 (2006)

Herbert SMITH, Jr., d/b/a Express Bail Bonds, Inc., and in his personal capacity as a taxpayer; Midwest Bonding, Inc.; and Indiana Surety Bail Agents Association, Inc., Appellants-Plaintiffs, v. CITY OF HAMMOND; Robert Golec, in his official and personal capacity as the Clerk of the City of Hammond; Jeffrey A. Harkin, in his official and personal capacity as Judge of the Hammond City Court; and John E. Cory, in his official and personal capacity as Hammond Chief of Police; and their successors in office, Appellees-Defendants.

Court of Appeals of Indiana.

Rehearing Denied August 3, 2006.

Attorney(s) appearing for the Case

Douglas M. Grimes, Douglas M. Grimes, P.C., Gary, for Appellants.

David W. Weigle, Hammond, for Appellees.

OPINION

KIRSCH, Chief Judge.

Herbert Smith, Jr., in his personal capacity as a taxpayer and doing business as Express Bail Bonds, Inc. ("Express"), Midwest Bonding, Inc. ("Midwest"), and Indiana Surety Bail Agents Association, Inc. ("Indiana Surety") (collectively, "Smith")1 appeal from the trial court's grant of summary judgment in favor of the City of Hammond, Robert Golec, in his official and personal capacity as Clerk of...

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