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CITY OF ST. PAUL v. WINGER

No. C6-84-2067.

368 N.W.2d 779 (1985)

CITY OF ST. PAUL, Appellant, v. Karsten WINGER, Respondent.

Court of Appeals of Minnesota.

June 4, 1985.

Attorney(s) appearing for the Case

Edward P. Starr, City Atty., Paul F. McCloskey, Asst. City Atty., St. Paul, for appellant.

Mark W. Gehan, Jr., St. Paul, for respondent.

Heard, considered and decided by NIERENGARTEN, P.J., and FOLEY and CRIPPEN, JJ.

OPINION

NIERENGARTEN, Presiding Judge.

Appellant City of St. Paul appeals from a Writ of Mandamus ordering the City to reinstate respondent Karsten Winger as a lieutenant in the St. Paul Police Department effective December 1, 1983, and an order denying the City's motion for a new trial. We affirm in part and reverse in part.

FACTS

On appeal, the parties agreed to a statement of the record pursuant to Minn.R.Civ. App.P. 110.04.

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