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MATTER OF FAIRBANKS

No. 62968.

287 N.W.2d 579 (1980)

In the Matter of the Discharge of Robert V. FAIRBANKS. CITY OF SIOUX CITY, Iowa, Appellant, v. Robert V. FAIRBANKS, Appellee.

Supreme Court of Iowa.

January 23, 1980.

Attorney(s) appearing for the Case

James L. Abshier, City Atty., and Patrick J. Nugent, Asst. City Atty., Sioux City, for appellant.

Patrick C. McCormick, Sioux City, and Raymond W. Conley of Conley, Conley & Crawford, Des Moines, for appellee.

Considered by LeGRAND, P. J., and REES, UHLENHOPP, HARRIS and McCORMICK, JJ.

REES, Justice.

This is an appeal by the City of Sioux City (hereinafter City) from the ruling and judgment of the district court reinstating plaintiff Robert V. Fairbanks to his position as Auto Mechanic I with the City. Fairbanks had been discharged for refusing to submit to a polygraph examination regarding the disappearance of four tires from the City's maintenance garage where he was employed. His discharge on this ground was affirmed by a divided Sioux City Civil...

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