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FALLON v. NICHOLSON

No. 18083.

316 P.2d 1054 (1957)

John C. FALLON, Plaintiff in Error, v. W. F. NICHOLSON, as Mayor of the City and County of Denver; R. Y. Batterton, as Manager of the Department of Improvements and Parks of the City and County of Denver; Jack Wetzner, as Director of the Off-Street Parking Division of the Department of Improvements and Parks of the City and County of Denver; and the City and County of Denver; a Municipal Corporation, Defendants in Error.

Supreme Court of Colorado. En Banc.

As Modified on Denial of Rehearing November 4, 1957.

Attorney(s) appearing for the Case

Douglas G. McKinnon, Denver, for plaintiff in error.

John C. Banks, Denver, for defendants in error.

Charles D. Bromley, Denver, amicus curiæ.

HOLLAND, Justice.

Plaintiff in error will be referred to as Fallon and the Career Service Board as the board.

January 14, 1954, Fallon was employed in the off-street parking division of the Department of Improvements and Parks, and was classified as park unit manager No. 2. There were three employees in this classification, one who had been employed twenty-four months, Fallon, who had been employed twenty-two months, and another employee fifteen months. The...

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