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PROKOPF v. WHALEY

No. 61454.

592 S.W.2d 819 (1980)

Gerald PROKOPF, Respondent, v. Donald H. WHALEY et al., Comprising Membership Board of Police Commissioners, St. Louis City, Appellants.

Supreme Court of Missouri, En Banc.

Rehearing Denied February 11, 1980.

Attorney(s) appearing for the Case

David O. Danis, Samuel B. Murphy, Jr., St. Louis, for appellants.

C. John Pleban, St. Louis, for respondents.

HIGGINS, Judge.

The Board of Police Commissioners found Officer Prokopf in violation of Rule 9, Section 9.037 of its Police Manual and suspended him for fourteen days without pay. The circuit court without findings or conclusions reversed the Board and directed reinstatement with back pay. The Court of Appeals, Eastern District, affirmed the judgment on a determination that:

"Where, as here, the rule was not offered or introduced at the administrative hearing...

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