Pierce v. Fort Wayne Board of Public Safety

Hoffman, C.J

The primary issue presented by this appeal is whether the discharge of appellant-Kenneth Pierce from the fire force of the City of Fort Wayne, Indiana, by the Fort Wayne Board of Public Safety is contrary to law.

This action was commenced by the filing by Pierce of his complaint for declaratory judgment, temporary injunction and injunction, for the purpose of restraining the Fort Wayne Board of Public Safety “from refusing to maintain the *349plaintiff [Pierce] in their employ as a civilian member of the Fire Department due to his age.” Trial was to the court which found that the…