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CITY OF MIAMI v. STATE EX REL. HOUSTON

No. 59-138.

120 So.2d 459 (1960)

CITY OF MIAMI, a Municipal Corporation, Appellant, v. STATE ex rel. Malcolm D. HOUSTON, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 27, 1960.

Attorney(s) appearing for the Case

William L. Pallot, City Atty. and Charles K. Allan, Asst. City Atty., Miami, for appellant.

Herman Methfessel and Harry Willis, Miami, for appellee.

HORTON, Chief Judge.

The City of Miami has appealed from a judgment awarding a peremptory writ of mandamus. This peremptory writ required the appellant to instate the appellee, Malcolm D. Houston, in the office, rank, or position of police sergeant in the division of police of the City of Miami, and to pay him the compensation of such office from September 25, 1956.

The appellee's name was on a list for consideration for promotion to police

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