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STATE EX REL. AUSTIN v. MILLER

No. 3-676A147.

395 N.E.2d 830 (1979)

STATE of Indiana On Relation of Allen L. Austin, Plaintiff-Appellant, v. Randall C. MILLER, Mayor and Joseph Larocco, Mayor-Elect, Donald E. Transki, Kenneth W. Seeling, Joseph L. Tite, Craig Braje, Richard Moldenhauer, Walter M. Chapala, Richard P. Frame, William E. Whiten, and City of Michigan City, Indiana, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied November 30, 1979.

Attorney(s) appearing for the Case

Hilbert L. Bradley, Gary, for plaintiff-appellant.

Craig V. Braje, Steven J. Henry, Michigan City, for defendants-appellees.

HOFFMAN, Judge.

Relator Allen Austin brought this suit in an attempt to enjoin the City of Michigan City from demoting him from the rank of captain in that city's fire department. Austin alleged in his complaint that the demotion, which was to take effect upon a change of administration in the City, was politically motivated and was to be effected without giving him notice of charges and a hearing as required by a Memo of Understanding between the City and the firefighter...

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