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NEVELS v. HANLON

Nos. 80-2122, 80-2182.

656 F.2d 372 (1981)

Fred NEVELS, III, Appellee, v. John R. HANLON, Commissioner of Labor for the Department of Labor, State of Nebraska, Appellant. Helen Lassek; Robert Shust; Patrick M. McHale, members of the Nebraska Merit System Board. Fred NEVELS, III, Appellant, v. John R. HANLON, Commissioner of Labor for the Department of Labor, State of Nebraska, Appellee. Helen Lassek; Robert Shust; Patrick M. McHale, members of the Nebraska Merit System Board.

United States Court of Appeals, Eighth Circuit.

Decided August 19, 1981.

Attorney(s) appearing for the Case

Noren & Burns, Steven D. Burns, argued, Lincoln, Neb., for appellee.

Paul L. Douglas, Atty. Gen., Jerold V. Fennell, Asst. Atty. Gen., argued, Lincoln, Neb., for appellant.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, and LARSON, Senior District Judge.

LAY, Chief Judge.

Fred Nevels, III was employed by the Department of Labor of the State of Nebraska between October 1, 1971, and November 19, 1975, and served as a manpower specialist from February 3, 1975, until November 19, 1975. On the later date Thomas E. Erixson, Deputy Commissioner of Labor, terminated him on the following specific grounds: (1) inefficiency, incompetence and negligence in performing his duties; (2) failure or refusal to comply with reasonable...

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