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WESTPHAL v. CITY OF COUNCIL BLUFFS

No. 61801.

275 N.W.2d 439 (1979)

Elmer F. WESTPHAL, Appellee, v. CITY OF COUNCIL BLUFFS, Iowa, Appellant.

Supreme Court of Iowa.

February 21, 1979.

Attorney(s) appearing for the Case

Michael J. Winter, Council Bluffs, City Atty., for appellant.

Douglas S. Lash, of Porter, Lash, Reilly & Tauke, and Robert C. Heithoff, of Heithoff & Pratt, Council Bluffs, for appellee.

Considered by REYNOLDSON, C. J., and REES, HARRIS, McCORMICK and LARSON, JJ.

LARSON, Justice.

Plaintiff Elmer F. Westphal, former city clerk of Council Bluffs, brought an action against the city for lost compensation, based upon alleged wrongful removal from office by the city council. The jury returned a verdict in his favor for actual and punitive damages, and the city appeals. We reverse the trial court.

The facts are largely undisputed. Westphal had originally been appointed for a term commencing August 2, 1963. He was reappointed...

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