Pierce v. Fort Wayne Board of Public Safety

Opinion on Order Denying Petition to Transfer

Hunter, J.

Dissenting—This controversy arose from an order issued pursuant to the Appellate Court’s (now Court of *352Appeals) decision in the case of Cain, et al. v. Heckman, et al. (1969), 146 Ind. App. 167, 253 N.E.2d 297 (transfer denied). In Cain the Board of Trustees of the Firemen’s Pension Fund of the City of Fort Wayne sought to enjoin the appointment of, and payment of salaries to, certain appointees of the city’s fire department. The appointees had failed to comply with IC 1971, 19-1-37-18 (Ind. Ann. Stat. § 48-6532 [1963 Repl.]) (Firemen’s…