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HAYES v. CIV. SER. COM'N OF METRO. GOV.

907 S.W.2d 826 (1995)

Larry HAYES and Robert L. Thornton, Plaintiffs/Appellants, v. The CIVIL SERVICE COMMISSION OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE, and the Metropolitan Government of Nashville and Davidson County, Tennessee, Defendants/Appellees.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Permission to Appeal Denied September 18, 1995.

Attorney(s) appearing for the Case

Phillip L. Davidson, Nashville, for Plaintiffs/Appellants.

James L. Murphy, III, Director of Law, Department of Law of the Metropolitan Government of Nashville and Davidson County, William Michael Safley, Nashville, for Defendants/Appellees.

Permission to Appeal Denied by Supreme Court September 18, 1995.

OPINION

CANTRELL, Judge.

The sole question involved in this appeal is whether a judgment in a former case between the same parties is a bar to this action. The Circuit Court of Davidson County dismissed this action. We hold that in prosecuting a mandamus action to a final judgment the plaintiffs herein made an irrevocable election of remedies which is a bar to this action for...

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