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CITY OF TEMPLE FIREMEN'S AND POLICEMEN'S CIVIL SERVICE COM'N v. BENDER

No. 3-89-023-CV.

783 S.W.2d 329 (1990)

CITY OF TEMPLE FIREMEN'S AND POLICEMEN'S CIVIL SERVICE COMMISSION, et al., Appellants, v. Leo Max BENDER, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied February 14, 1990.

Attorney(s) appearing for the Case

Douglas M. Becker, Gray & Becker, P.C., Austin, for appellants.

Bill Bachus, Tarver, Bachus & Blythe, Temple, for appellee.

Before SHANNON, C.J., and GAMMAGE and JONES, JJ.

SHANNON, Chief Justice.

Appellants City of Temple Firemen's and Policemen's Civil Service Commission and the City of Temple seek to set aside the judgment of the district court of Bell County ordering a writ of mandamus to issue. The question in district court, and here, is whether appellee Leo Max Bender invoked the jurisdiction of the Commission by filing an "appeal" from his suspension from the Temple Police Department. The district court concluded that the Commission...

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