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CONKEL v. CIVIL SERVICE COM'N

No. 88-278.

444 N.W.2d 92 (1989)

Lieutenant Sidney W. CONKEL and Sergeant Merlin L. Christian, Appellees, v. CIVIL SERVICE COMMISSION, CITY OF ANKENY, Iowa, Appellant.

Supreme Court of Iowa.

July 31, 1989.

Attorney(s) appearing for the Case

Patrick W. Brick and Douglas F. Staskal of Brick, Seckington, Bowers, Swartz & Gentry, P.C., Des Moines, for appellant.

John P. Roehrick and George W. Appleby, Des Moines, for appellees.

Considered by LARSON, P.J., and CARTER, LAVORATO, SNELL and ANDREASEN, JJ.

LARSON, Justice.

Sidney W. Conkel and Merlin L. Christian were police officers in Ankeny, Iowa, with the rank of lieutenant and sergeant, respectively. When the captain of the police department resigned in April 1986, the chief of police, Conkel's brother-in-law, assigned the duties of captain to Conkel and the duties of lieutenant were assigned to Christian. Neither officer was officially appointed by the chief to his new position, and at the time of the assignment...

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