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SMITH v. PIMA COUNTY LAW ENFORCEMENT COUNCIL

No. 12393-PR.

113 Ariz. 154 (1976)

548 P.2d 1151

James M. SMITH, Appellant, v. The PIMA COUNTY LAW ENFORCEMENT COUNCIL, Felix L. Goodwin, Thomas Meehan, Pat P. Lopez, Jr., William Schulmeyer, and Lloyd C. Vath, in their official capacity only, as members of the Pima County Law Enforcement Merit System Council, Appellees.

Supreme Court of Arizona, In Banc.

Rehearing Denied May 25, 1976.

Attorney(s) appearing for the Case

Knez, Glatz & Crites, P.C. by Richard D. Crites, Tucson, for appellant.

Bruce E. Babbitt, Atty. Gen., Phoenix by Charles E. Buri, Asst. Atty. Gen., Tucson, for appellees.

CAMERON, Chief Justice.

This is a petition for review by defendant Pima County Law Enforcement Merit System Council (hereinafter "the council") of a decision of the Court of Appeals, Division Two, which reversed the ruling of the trial court holding that plaintiff James M. Smith was entitled to a hearing concerning his dismissal from employment.

We must answer three questions on appeal:

1. Was plaintiff Smith, at the time of his dismissal, a permanent...

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