State ex rel. Kendrick v. Thormyer

*201OPINION

By MILLER, J.

This is a motion for a judgment on the pleadings and stipulated facts. The action is one in mandamus wherein the relator, Britton Kendrick, is seeking an order reinstating and restoring him to his former classified position as Right of Way Agent IV, Division 8, Right of Way, Department of Highways, to which he was regularly appointed on August 5, 1957, by the respondent, George J. Thormyer.

The petition alleges further that the removal order was issued as a matter of discipline and for a period of thirty days; that it was signed “George J. Thormyer, Acting Director,…