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FOX v. CITY OF COLUMBIA

491 S.W.2d 353 (1973)

Emmett P. FOX, Plaintiff-in-Error, v. CITY OF COLUMBIA et al., Defendant-in-Error.

Supreme Court of Tennessee.

February 20, 1973.

Attorney(s) appearing for the Case

Jerry C. Colley, MacFarland, Colley, Blank & Jack, Columbia, for plaintiff in error.

William B. Cain, Moore, Henry, Henry, Lewis & Cain, Columbia, for defendant in error.

OPINION

HUMPHREYS, Justice.

The City of Columbia retired Emmett P. Fox, Chief of Police, under a retirement pension plan ordinance, adopted in 1961. Chief Fox, a Civil Service employee, contended that he could not be retired, because of the Civil Service provision in the city charter. In Chief Fox's suit based on this contention, the trial court held for the city. Chief Fox has appealed, assigning this action as error.

Invoking the proposition that...

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