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CITY OF MARION v. WEITENHAGEN

No. 83-575.

361 N.W.2d 323 (1984)

CITY OF MARION, Iowa, Appellant, v. James L. WEITENHAGEN, Michael DeLaMater and the Civil Service Commission of the City of Marion, Iowa, Appellees.

Court of Appeals of Iowa.

November 20, 1984.

Attorney(s) appearing for the Case

Tom Riley, Thomas M. Wertz, Cedar Rapids, and Marion City Atty. Donald C. Hoskins, Marion, for appellant City of Marion.

Gerald T. Sullivan and William H. Roemerman, Cedar Rapids, for appellees Weitenhagen and DeLaMater.

Considered by OXBERGER, C.J., and SNELL, and HAYDEN, JJ.

OXBERGER, Chief Judge.

The City of Marion has appealed from a decision of the district court which provided for reinstatement of two police officers. We affirm.

On August 5, 1981, following his alleged refusal to answer a question posed by his captain during a police department internal investigation, Marion police officer Weitenhagen was discharged for his alleged violation of police department duty manual sections 1105.02, 1105.04 (junior officers shall...

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