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McPHERSON v. MIMS

79-279.

385 So.2d 44 (1980)

James A. McPHERSON, Conrad Freeman, Donald C. Smith, Ernest A. Rouse, and Edith C. Vaughan, as members of and constituting the Personnel Board for Mobile County, Alabama; and William F. Vickery/Intervenor, v. Lambert MIMS, Robert B. Doyle, and Gary Greenough, as members of and constituting the Board of Commissioners of the City of Mobile, a Public Body Corporate.

Supreme Court of Alabama.

June 20, 1980.

Attorney(s) appearing for the Case

Mylan R. Engel and John Grow, Mobile, for appellants.

Fred G. Collins and Michael S. McNair, Mobile, for appellees.

EMBRY, Justice.

This is an appeal from a summary judgment entered in behalf of the City of Mobile which dismissed the petition for declaratory judgment of the Personnel Board of Mobile County, Alabama, that sought to enforce its order requiring the City of Mobile to put intervenor, William F. Vickery, back to work as a police officer.

Simply stated, the issue is whether under the facts of this case, a pertinent rule of the Mobile County Personnel Board, and...

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