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MITCHELL v. GREENOUGH

SC 1320.

325 So.2d 158 (1976)

Price L. MITCHELL et al. v. Gary GREENOUGH et al.

Supreme Court of Alabama.

January 9, 1976.

Attorney(s) appearing for the Case

Mylan R. Engel, Mobile, for appellants.

Fred G. Collins, and S. R. Sheppard, Mobile, for appellees.

Thomas E. Bryant, Jr., Mobile, for Mobile County Merit System Employees Assn., amicus curiae.

JONES, Justice.

Can a classified city employee be denied pay for a period of authorized leave awaiting outcome of pending criminal charges where he is subsequently exonerated and reinstated? Within the factual context here presented, we hold that he cannot. We reverse and remand.

This declaratory judgment action, filed by the Mobile County Personnel Board on behalf of the aggrieved employee, was tried below on a...

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