STEAKLEY, Justice.
The question here is whether the Fire Chief of the City of Houston was required by statute to promote H. P. Duckett, Petitioner here and Plaintiff below, to the position of Assistant Arson Investigator within ninety days after the establishment of his eligibility therefor on May 7, 1970. The trial court held that the Chief was under this statutory duty and granted Duckett's Motion for Summary Judgment in this mandamus action which he instituted...
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