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CITY OF MOBILE v. ROBERTSON

2030689.

897 So.2d 1156 (2004)

The CITY OF MOBILE and Mobile County Personnel Board v. Howell Roe ROBERTSON.

Court of Civil Appeals of Alabama.

October 8, 2004.

Attorney(s) appearing for the Case

Jacqueline M. McConaha of The Atchison Firm, P.C., Mobile, for appellant the City of Mobile.

Mylan R. Engel and Edgar P. Walsh of Engel, Walsh & Associates, Mobile, for appellant Mobile County Personnel Board.

Joseph O. Kulakowski, Mobile, for appellee.

THOMPSON, Judge.

This is the second time this matter has been before this court. In City of Mobile v. Robertson, 863 So.2d 117 (Ala.Civ.App.2003) ("Robertson I"), this court set forth, in part, the procedural history and facts of this case as follows:

"Robertson has been employed with the Mobile Police Department since 1988; he was ranked as a corporal at the time of the incident that gave rise to this action...

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