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CITY OF BEAUMONT v. SPIVEY

No. 09-97-376CV.

1 S.W.3d 385 (1999)

The CITY OF BEAUMONT, Texas, Appellant, v. Mark SPIVEY, Appellee.

Court of Appeals of Texas, Beaumont.

Decided October 7, 1999.

Rehearing Overruled October 28, 1999.

Attorney(s) appearing for the Case

Bruce W. Cobb, Joseph P. Sanders, Sr. Assistant City Attorney, Beaumont, for appellant.

Steven L. Carnes, San Antonio, Robert J. Thomas, Houston, for appellee.

Before WALKER, C.J., BURGESS and STOVER, JJ.

OPINION

STOVER, Justice.

Seeking reinstatement as a police officer with the City of Beaumont, Texas, ("City"), Mark Spivey ("Spivey") filed an action for mandamus in district court. After a non-jury trial, the district court granted final judgment in favor of Spivey, ordered the City to reinstate Spivey as a city police officer with full seniority, back pay, and benefits, and awarded Spivey attorney's fees. The City appeals the trial court's ruling.

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