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GRANITE FALLS, ETC. v. STATE, DEPT. OF V. A.

No. 50176.

291 N.W.2d 683 (1980)

GRANITE FALLS MUNICIPAL HOSPITAL AND MANOR BOARD, Appellant, v. STATE of Minnesota, DEPARTMENT OF VETERANS AFFAIRS, Respondent.

Supreme Court of Minnesota.

April 4, 1980.

Attorney(s) appearing for the Case

Baker, Carlson, Reishus & Holmstrom and Greg Holmstrom, Granite Falls, Schmidt, Thompson & Thompson and Joe Thompson, Willmar, for appellant.

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., and Merwin Peterson, Asst. Atty. Gen., St. Paul, for respondent.

Allen Swen Anderson, Granite Falls, for interested veteran.

Heard by OTIS, TODD, and SCOTT, JJ., and considered and decided by the court en banc.

OTIS, Justice.

Bruce B. Berg was employed as the hospital administrator of appellant Granite Falls Municipal Hospital and Manor from May 1, 1970, to September 27, 1977, when he was discharged by the hospital board. Because he is a veteran he claims that under the Veterans Preference Act, Minn.Stat. § 197.46 (1978), he cannot be dismissed without notice and an opportunity to be heard. A hearing examiner found that Berg was a department head and therefore excluded...

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