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ANDERSON v. ELIOT

No. 49A04-0611-CV-655.

868 N.E.2d 23 (2007)

Frank J. ANDERSON, Sheriff, Marion County Sheriff's Department, and Marion County, Indiana, Appellants-Defendants, v. David ELIOT, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 12, 2007.

Attorney(s) appearing for the Case

Allison Wells Gritton, Office of Corporation Counsel, for the City of Indianapolis, Indianapolis, IN, Attorney for Appellant.

John F. Kautzman, Ruckelshaus, Kautzman, Blackwell, Bemis & Hasbrook, Indianapolis, IN, Attorney for Appellee.

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Frank J. Anderson, Sheriff, Marion County Sheriff's Department ("MCSD") and Marion County, Indiana (collectively, "Marion County") appeal the trial court's denial of its motion to dismiss David Eliot's complaint and reversal of the Marion County Sheriff's Pension Board's determination that Eliot is not entitled to line-of-duty disability benefits.

We affirm in part, reverse in part and...

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