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STATE EX REL. BRENNER v. HODAPP

No. 35,034.

230 Minn. 208 (1950)

STATE EX REL. JOE BRENNER v. E.A. HODAPP AND OTHERS. CITY OF MANKATO AND OTHERS, APPELLANTS.

Supreme Court of Minnesota.

February 10, 1950.

Attorney(s) appearing for the Case

Frank Heil, City Attorney, and C.A. (Gus) Johnson, for appellants (respondents below).

Wilson, Blethen & Ogle, for respondent (relator below).

MAGNEY, JUSTICE.

Mandamus to compel relator's appointment as chief of police of the city of Mankato.

Respondents below were the mayor, the members of the common council of the city, and the city itself. The trial court issued a peremptory writ of mandamus directed to respondents below commanding them to appoint relator as chief of police. They appeal from the judgment entered.

The petition for the writ sets out the following facts: That in December...

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