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MUSICK v. BLACK

No. 5151.

567 S.W.2d 264 (1978)

D. C. MUSICK, Chief of the Abilene Fire Department, Appellant, v. George BLACK, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied June 22, 1978.

Attorney(s) appearing for the Case

Harvey Cargill, Jr., City Atty. (Deke Austin, Asst. City Atty. and Gary Hacker, Asst. Dist. Attys., Abilene, for appellant.

Glenn E. Heatherly and Jane V. Elmore, Rhodes, Doscher, Chalk & Heatherly, Abilene, for appellee.

McCLOUD, Chief Justice.

At issue is whether the trial court had jurisdiction to entertain a suit for mandamus filed by a fireman seeking reinstatement after having been removed from his position of firefighter by the fire chief, who apparently determined that the fireman was unable to continue his duties.

George Black filed a petition for mandamus urging that D.C. Musick, Chief of the Abilene Fire Department, be ordered to reinstate Black as a senior firefighter...

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