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CITY OF WACO v. KELLEY

No. 10-03-00214-CV.

226 S.W.3d 672 (2007)

THE CITY OF WACO, Texas, Appellant, v. Larry KELLEY, Appellee.

Court of Appeals of Texas, Waco.

May 2, 2007.

Attorney(s) appearing for the Case

Art Pertile, City Attorney-City of Waco, Waco, Kevin W. Cole, Cole & Powell PC, Austin, for appellant.

LaNelle L. McNamara, Waco, Michael L. Rickman, Cleat Legal Services, San Antonio, Richard W. Carter, Fort Worth, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION ON REMAND

FELIPE REYNA, Justice.

The City of Waco appeals a summary judgment rendered in Larry Kelley's favor which affirmed the decision of an independent hearing examiner: (1) reducing Kelley's indefinite suspension as a police officer to a 180-day temporary suspension; (2) reinstating Kelley at the rank of sergeant; and (3) determining that Kelley "should be made whole subject to the normal principles of mitigation." The district court also awarded...

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