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BYE v. GIARRUSSO

No. 7021.

321 So.2d 58 (1975)

Manfred M. BYE, Jr. v. Clarence B. GIARRUSSO, Individually and as Superintendent of the New Orleans Police Department.

Court of Appeal of Louisiana, Fourth Circuit.

October 9, 1975.

Attorney(s) appearing for the Case

Peter J. Compagno, New Orleans, for plaintiff-appellant.

Blake G. Arata, City Atty., Michael A. Starks, Asst. City Atty., for defendant-appellee.

Before SAMUEL, GULOTTA, and BEER, JJ.

BEER, Judge.

Plaintiff-appellant was dismissed from the New Orleans Police Department on November 21, 1969 for disciplinary reasons under Rule IX of the Civil Service Regulations for the City of New Orleans. He did not contest the dismissal but sued to collect 52 3/4 days of accrued annual leave denied him by application of Civil Service Regulations Rule VIII, Section 1.7(c) which provides:

"(c) Where an employee is removed under the provisions of Rule IX...

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