MAULDING v. SCHMITT

No. 22482.

426 P.2d 183 (1967)

James MAULDING, Plaintiff in Error, v. Emmett B. SCHMITT, Fire Chief, Lakewood Fire Protection District, the Board of Directors of the Lakewood Fire Protection District, R. L. Antonio, F. P. Phillips, Z. M. Pike, C. L. Martines, R. C. Franklin, Members of the Board of Directors of the Lakewood Fire Protection District, and the Lakewood Fire Protection District, Defendants in Error.

Supreme Court of Colorado, En Banc.

April 10, 1967.


Attorney(s) appearing for the Case

Eberhardt & Safran, Denver, for plaintiff in error.

No appearance for Defendants in Error.


MOORE, Chief Justice.

This matter is before the court on rehearing, and the former opinion herein announced February 6, 1967, is withdrawn.

James Maulding, the plaintiff in error, was a full time fireman employed by the Lakewood Fire Protection District. He filed a complaint in which it was alleged that on two occasions he was subjected to disciplinary action by the district acting through the members of the Board of Directors who were made defendants in the...

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