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HOPSON v. McGINNES

373 A.2d 224 (1977)

Erskine HOPSON, Appellant, v. Earl McGINNES, Secretary, Department of Health and Social Services, and Paul W. Keve, Director, Division of Adult Corrections, State of Delaware, Appellees.

Superior Court of Delaware, Kent County.

Decided April 19, 1977.

Attorney(s) appearing for the Case

Patrick Scanlon, Staff Atty., Community Legal Aid Society, Inc., Dover, for appellant.

John M. Willard, Asst. Atty. Gen., Dept. of Justice, Wilmington, for appellees.

O'HARA, Judge.

This is an appeal from an order of the State Personnel Commission ("Commission") upholding the dismissal of appellant Hopson from his position as a correctional officer at the Delaware Correctional Center. Only four of five commissioners participated in the hearing; two finding one set of facts and, therefore, voting to uphold dismissal, and two disagreeing with those findings and, therefore, voting to overturn...

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