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COSGROVE v. CITY OF WEST MEMPHIS

No. 96-286.

938 S.W.2d 827 (1997)

327 Ark. 324

Bob COSGROVE, Appellant, v. The CITY OF WEST MEMPHIS, Arkansas; Keith Ingram, Mayor; and The West Memphis Public Utilities Commission, Appellees.

Supreme Court of Arkansas.

February 17, 1997.

Attorney(s) appearing for the Case

Mike Everett, Marked Tree, for Appellant.

David C. Peeples, West Memphis City Attorney, West Memphis, for Appellees.

BROWN, Justice.

On January 10, 1994, appellant Bob Cosgrove was elected to serve as a member of the appellee West Memphis Public Utilities Commission (Commission) by a majority vote of the West Memphis City Council. Shortly thereafter, appellee Keith Ingram, the mayor of West Memphis, vetoed the election of Cosgrove. The city council subsequently defeated a motion to override the veto. Cosgrove then filed a second amended and substituted complaint seeking declaratory...

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