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FIREFIGHTERS' ETC. CIVIL SERV. v. HERRERA

No. 01-96-01588-CV.

981 S.W.2d 728 (1998)

FIREFIGHTERS' & POLICE OFFICERS' CIVIL SERVICE COMMISSION OF THE CITY OF HOUSTON, Appellant, v. Fernando HERRERA, Lanny Armstrong, George Beutell, Jeffrey Boles, Donald Borick, Brian Burgess, John Campbell, Christopher Chavez, James Cooney, R.L. Crenek, Gary Dullye, Jerome Edwards, Paul Gray, Robert Grimes, Coby Hamilton, Larry Herrin, Donny Holcomb, Doyle Johnson, John Joseph, J. Kelley, Philip Martin, Clyde Mathison, Leo Mays, Harold McDonald, Daniel Moore, Jose Morales, Wayne Murphy, Charles Neal, Mark Palmer, Glenn Pangarankis, Roy Paul, William Payne, Thomas Ponce, K. Rainey, Robert Roberts, P. Rouse, W.L. Sheffield, Douglas Sherber, John Smith, R.L. Stewart, Jerry Swanson, Chris Thomas, Michael Thorp, James Walker, Edwin Walley, Blake White, Johnny Wolfe, and Larry Woodward, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled December 7, 1998.

Attorney(s) appearing for the Case

Eugene Jones, Houston, Vincent L. Marable, III, Wharton, E. Troy Blakeney, Houston, for appellants.

Marcus Dobbs, Houston, for appellees.

Before O'CONNOR, TAFT, and SMITH, JJ.

OPINION

O'CONNOR, Justice.

We are asked to decide if the trial court correctly granted a group of firefighters the right to be retroactively promoted and to receive back pay.

The Firefighters' & Police Officers' Civil Service Commission of the City of Houston contends the trial court (1) had no jurisdiction to hear the appeal of any of the plaintiffs except the appeals of the five original grievants; (2) misinterpreted the local government code...

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