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McLEOD v. CITY OF SAN ANTONIO

No. 04-84-00296-CV.

702 S.W.2d 279 (1985)

Alexander J. McLEOD, Appellant, v. CITY OF SAN ANTONIO and I.O. Martinez In His Official Capacity as Chief of the San Antonio Fire Department and His Successor in Office, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Denied January 3, 1986.

Attorney(s) appearing for the Case

Mayo J. Galindo, San Antonio, for appellant.

Jake Talley, Asst. City Atty., San Antonio, for appellees.

Before BUTTS, REEVES and TIJERINA, JJ.

OPINION

BUTTS, Justice.

This is an appeal from a declaratory judgment in which the trial court ruled that appellant, Alexander McLeod, take nothing in his suit to set aside a San Antonio city ordinance as void.

The ordinance in question, number 58293, created the nonclassified, civilian position of fire protection engineer thereby abolishing the then-vacant fire lieutenant's position of "plans checker" in the San Antonio Fire Department. Prior to...

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