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STATE EX REL. RAW v. CITY OF HELENA

No. 10168.

363 P.2d 720 (1961)

STATE of Montana ex rel. Don J. RAW, Relator and Respondent v. CITY OF HELENA, Montana, Municipal Corporation; Otto L. Brackman, Mayor of the City of Helena, Montana; Wanna F. Thompson, E.P. Loranz, John Schroeder and Robert M. Morgan, City Commissioners of the City of Helena, Montana; W. J. Leary, City Manager of the City of Helena, Montana; and Nina J. Settles, City Clerk of the City of Helena, Montana, Respondents and Appellants.

Supreme Court of Montana.

Decided July 19, 1961.

Rehearing denied August 11, 1961.

Attorney(s) appearing for the Case

Floyd O. Small and Michael G. Chilton, Helena, argued orally, for appellants.

C.W. Leapheart, Jr. and John T. Vance, Helena, argued orally, for respondent-relator.

JAMES T. HARRISON Chief Justice.

The relator, Don J. Raw, a police officer for the City of Helena, Montana, instituted an action in mandamus to compel the respondent, City of Helena, to adjust his salary in accordance with what he felt were the mandates of section 11-1832, R.C.M. 1947, as amended by Chapter 28, Session Laws of Montana, 1957, and the decision of this court in Hill v. City of Billings, 134 Mont. 282,

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