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BAHR v. CITY OF LITCHFIELD

No. C9-86-1757.

404 N.W.2d 381 (1987)

Eugene BAHR, et al., petitioners, Appellants, v. CITY OF LITCHFIELD, et al., Charles Schrum, et al., Respondents.

Court of Appeals of Minnesota.

Review Granted June 26, 1987.

Attorney(s) appearing for the Case

Robert D. Schaps, Litchfield, for appellants.

Steven E. Drange, Litchfield, Ronald C. Anderson, Willmar, for respondents.

Heard, considered and decided by the court en banc, consisting of POPOVICH, C.J., and PARKER, WOZNIAK, SEDGWICK, LANSING, HUSPENI, LESLIE, NIERENGARTEN, RANDALL, CRIPPEN, STONE, and MULALLY, JJ.

OPINION

LANSING, Judge.

Eugene Bahr and George Frelander appeal from the judgment entered in district court dismissing their petition for declaratory judgment, writ of certiorari and writ of mandamus. Their petition seeks review of the procedures used by the Litchfield Police Civil Service Commission and the City of Litchfield to fill two sergeant positions in the Litchfield Police Department. We reverse and remand.

FACTS

In April 1983...

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