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HICKS v. CITY OF LOS ANGELES

No. 15161.

240 F.2d 495 (1957)

Henry C. HICKS, Appellant, v. CITY OF LOS ANGELES, a Corporation; Board of Civil Service Commissioners, etc., et al., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 6, 1957.

Attorney(s) appearing for the Case

Cryer & Jones, George E. Cryer, Los Angeles, Cal., for appellant.

Roger Arnebergh, City Atty., George Williams Adams and Moses A. Berman, Deputy City Attys., Los Angeles, Cal., for appellees.

Before POPE, CHAMBERS and BARNES, Circuit Judges.

CHAMBERS, Circuit Judge.

Henry C. Hicks, plaintiff-appellant, is a building operating engineer who in 1951 was discharged from his position with the City of Los Angeles. He held his position under the city's classified civil service which had the usual safeguards against arbitrary dismissals.

On the night of October 12-13, 1951, plaintiff was on duty as an engineer at the Lincoln Heights jail in Los Angeles. "Boiler trouble" developed. (We do not

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