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RUDNICK v. CITY OF JAMESTOWN

Civ. No. 900027.

463 N.W.2d 632 (1990)

Gerald RUDNICK, Plaintiff, Appellant and Cross-Appellee, v. CITY OF JAMESTOWN and the Jamestown Police Department, Defendants, Appellees and Cross-Appellants.

Supreme Court of North Dakota.

November 29, 1990.

Attorney(s) appearing for the Case

Robert W. Martin (argued) and James A. Wright (argued), of Weiss, Wright, Paulson & Merrick, Jamestown, for plaintiff, appellant, and cross-appellee.

Joseph F. Larson II (argued), Asst. City Atty., Jamestown, for defendants, appellees, and cross-appellants.

ERICKSTAD, Chief Justice.

Gerald Rudnick appeals from an amended judgment denying his request to enjoin the defendants, the City of Jamestown and the Jamestown Police Department, from demoting him from sergeant to corporal. The defendants cross-appeal from the court's determination that it had jurisdiction over Rudnick's independent action to challenge the constitutionality of the demotion procedure. We affirm.

Rudnick has been continuously employed by the...

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