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SMITH v. CITY OF CLAYTON

No. 40118.

579 S.W.2d 675 (1979)

James SMITH, Plaintiff-Appellant, v. CITY OF CLAYTON et al., Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

February 21, 1979.

Attorney(s) appearing for the Case

W. Morris Taylor, Taylor, Schumaier & Suddarth, St. Louis, for plaintiff-appellant.

A. Wimmer Carr, Tremayne, Lay, Carr & Bauer, Clayton, Thomas E. Toney, III, Edgar G. Boedeker, Fordyce & Mayne, St. Louis, for defendants-respondents.

REINHARD, Presiding Judge.

Plaintiff appeals from a judgment of the trial court, dissolving its restraining order and which further, refused to permanently enjoin defendants from promoting James Humphrey of the Clayton Police Force to the rank of captain on that same police force. Plaintiff's main complaint on appeal is that the trial court's order is not supported by substantial evidence.

Plaintiff's petition requested...

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