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CITY OF HUNTSVILLE v. SMARTT

80-302, 80-509.

409 So.2d 1353 (1982)

CITY OF HUNTSVILLE, et al. v. Johnny M. SMARTT, et al.

Supreme Court of Alabama.

February 5, 1982.

Attorney(s) appearing for the Case

Charles H. Younger and Walter A. Record, III, Asst. City Atty., Huntsville, for appellant City of Huntsville.

Phillip B. Price, Huntsville for appellants Walter Moseley and James Barkley.

George M. Beason, Jr., of Martinson & Beason, Huntsville, for appellees.

JONES, Justice.

These are consolidated appeals by the City of Huntsville and certain named City officials (City) from both a preliminary order and a final decree enjoining the promotion of a City of Huntsville Fire Department employee to the rank of District Fire Chief. The circuit court based its order on a finding that "advancement bypassing" had occurred as a result of the procedure utilized in making the employee's appointment.

We reverse.

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