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WOLFE v. CITY OF HOUSTON

No. B2299.

595 S.W.2d 909 (1980)

Robert Wade WOLFE et al., Appellants, v. CITY OF HOUSTON, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied April 2, 1980.

Attorney(s) appearing for the Case

Mark Vela, Stanley G. Schneider, Doherty, Vela, Poser, Sears & Collins, Houston, for appellants.

Robert M. Collie, Jr., City Atty., Dennis C. Gardner, Sr., John J. Hightower, Asst. City Attys., Houston, for appellee.

Before COULSON, JUNELL and MILLER, JJ.

JUNELL, Justice.

Thirty city marshals brought this action against the City of Houston for declaratory relief alleging that they are "Policemen" within the meaning of the Texas Civil Service Statute, Tex.Rev.Civ.Stat.Ann. art. 1269m, § 2 (Vernon 1963),1 and thus entitled to all benefits thereunder. The trial court found that the positions held by plaintiffs are not within the purview of the Civil Service Act. Plaintiffs appeal claiming...

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