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MORRIS v. CITY OF EVANSVILLE

No. 771A141.

281 N.E.2d 910 (1972)

Charles Wayne MORRIS, Plaintiff-Appellant, v. CITY OF EVANSVILLE, Indiana, a Municipal Corporation, et al., Defendants-Appellees.

Court of Appeals of Indiana, First District.

May 3, 1972.

Attorney(s) appearing for the Case

Howard P. Trockman and Thomas M. Swain, Trockman, Lloyd, Flynn & Swain, Evansville, for plaintiff-appellant.

Matthews & Shaw, Evansville, Mark P. Lockwood, Princeton, for defendants-appellees.

LYBROOK, Judge.

Plaintiff-appellant (Morris) brought this action for reinstatement to the Evansville Fire Department and appeals from the judgment of the trial court granting appellees' Motion for Summary Judgment.

After the trial court held a hearing and permitted the parties to introduce evidence pursuant to Rule TR 56(E), IC 1971, 34-5-1-1, the court entered the following judgment with memorandum attached:

"This cause having come on to be heard...

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