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SMITH v. CITY AND CTY. OF DENVER

No. 76-439.

569 P.2d 329 (1977)

Ted Michael SMITH, Plaintiff-Appellant, v. The CITY AND COUNTY OF DENVER, a Municipal Corporation, Arthur G. Dill, Chief of Police of the City and County of Denver, and Charles D. Byrne, Auditor for the City and County of Denver, State of Colorado, Defendants and Third-Party Plaintiffs-Appellees, v. Houston GIBSON, Jesse Manzanares, and Ted Bach, as Commissioners of the Denver Civil Service Commission, and Ted Michael Smith, Third-Party Defendants and Respondents.

Colorado Court of Appeals, Division 3.

Rehearing Denied June 30, 1977.

Certiorari Denied September 26, 1977.

Attorney(s) appearing for the Case

A. A. Lee Hegner, Denver, for plaintiff-appellant.

Max P. Zall, City Atty., Robert D. Dowler, Asst. City Atty., Denver, for defendants and third-party plaintiffs-appellees.

Geer & Goodwin, P. C., Edward O. Geer, Robert E. Goodwin, Denver, for Denver Police Union Local 109, amicus curiae.

BERMAN, Judge.

Plaintiff, Ted Michael Smith, brought this action to recover salary and benefits allegedly due him for the period he was suspended from active service as a Denver policeman. Following a trial to the court, the court entered judgment for Smith for the amount of salary he would have received if not suspended, less the amount earned by Smith from other sources during his suspension. Smith appeals, alleging that the trial court failed to award him certain...

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