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BERNHARDT v. CITY OF EL PASO

No. 4748.

233 S.W.2d 357 (1950)

BERNHARDT v. CITY OF EL PASO et al.

Court of Civil Appeals of Texas, El Paso.

July 19, 1950.

Attorney(s) appearing for the Case

E. B. Elfers, El Paso, for appellant.

Fryer & Milstead and J. H. McBroom, all of El Paso, for appellees.

SUTTON, Justice.

This is an appeal from a declaratory judgment rendered in the 41st District Court of El Paso County. The trial was to the Court without a jury.

The appeal is submitted on a lone proposition, the trial court erred in determining and adjudging that the status of the plaintiff, H. S. Bernhardt, in the police department of the City of El Paso, beginning January 4, 1950, was that of a Lieutenant of Police. The facts are not in dispute. It is conceded...

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