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GIBSON v. BARBE

No. 04-95-00092-CV.

907 S.W.2d 646 (1995)

William O. GIBSON, in His Official Capacity as Chief of Police of the City of San Antonio, Appellant, v. James K. BARBE, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled October 6, 1995.

Attorney(s) appearing for the Case

Regina Bacon Criswell, Office of City Attorney, Trial Section, San Antonio, for appellant.

Mayo J. Galindo, San Antonio, for appellee.

Before CHAPA, C.J., and RICKHOFF and STONE, JJ.

OPINION

STONE, Justice.

The issue presented in this case is when does a vacancy occur in a police department for purposes of promotion.1 Both parties filed motions for summary judgment. The trial court granted Barbe's motion and denied Gibson's motion, thereby ruling that the felony conviction of a police officer creates an automatic vacancy on the police force. We affirm.

On December 16, 1992, a Bexar County grand jury...

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