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McDANIEL v. CITY OF MESQUITE

No. 21028.

644 S.W.2d 490 (1982)

John W. McDANIEL, L.G. Riggs, Jerry Atchely and Jack Hartless, Appellants, v. The CITY OF MESQUITE, Texas, a Municipal Corporation, and the Mesquite Firemen's and Policemen's Civil Service Commission, Appellees.

Court of Appeals of Texas, Dallas.

April 7, 1982.

Attorney(s) appearing for the Case

Genice A.G. Rabe, Mullinax, Wells, Baab & Cloutman, P.C., Dallas, for appellants.

Elland Archer, Mesquite, for appellees.

Before AKIN, VANCE and WHITHAM, JJ.

AKIN, Justice.

Plaintiffs, deputy fire chiefs in the City of Mesquite, sued the City of Mesquite and the Mesquite Firemen's and Policemen's Civil Service Commission asserting that they were entitled to additional pay pursuant to Tex.Rev.Civ.Stat.Ann. art. 1269m § 8 (Vernon Supp.1982) while temporarily serving as acting Fire Chief and seeking a declaratory judgment to this effect. The case was submitted on stipulated facts to the trial judge, who denied the relief...

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