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COOPER v. CIVIL SERV. COM'N ETC.

No. 77-1080.

604 P.2d 1186 (1979)

Thomas COOPER, Plaintiff-Appellant and Cross-Appellee, v. CIVIL SERVICE COMMISSION of the CITY AND COUNTY OF DENVER, Colorado, consisting of Oswald C. Abernathy, President, Ted Bach, Commissioner, and Jesse Manzanares, Commissioner; Daniel P. Cronin, Manager of Safety of the City and County of Denver; Arthur G. Dill, Chief of Police of the City and County of Denver; and the City and County of Denver, a municipal corporation, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 1, 1979.

Opinion Modified November 29, 1979.

Attorney(s) appearing for the Case

Weltzer & Worstell, Louis A. Weltzer, Fogel, Keating & Wagner, Marshall A. Fogel, Denver, for plaintiff-appellant and cross-appellee.

Max P. Zall, City Atty., Robert D. Dowler, Asst. City Atty., Denver, for defendants-appellees and cross-appellants.

ENOCH, Chief Judge.

Plaintiff, a former police officer, appeals from that part of a judgment of the district court approving an order of the Civil Service Commission that affirmed his discharge from employment. Defendants cross-appeal from that part of the judgment reversing a portion of the commission's order. We affirm in part and reverse in part.

Evidence presented to the Commission showed that on the evening of November 19, 1975, plaintiff, while off-duty...

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