KINNEY v. RETICA

No. 51864.

309 N.W.2d 39 (1981)

Howard KINNEY, Appellant, v. Mario RETICA, Mayor of the City of Hibbing, et al, Respondents, Wallace Ylatupe, Respondent.

Supreme Court of Minnesota.

August 14, 1981.


Attorney(s) appearing for the Case

Friedman, Nord & Paulson, Duluth, for appellant.

Naughtin, Mulvahill & Minton, Ltd., Hibbing, for Retica.

Abate, Wivoda, Ackerson & Clark and David E. Ackerson, Hibbing, for Ylatupe.

Considered and decided by the court en banc without oral argument.


SHERAN, Chief Justice.

Appellant Howard Kinney, a captain in the Hibbing Fire Department, applied for and submitted to a promotional examination for the position of battalion chief. Although he achieved a higher score on the examination than coexaminee Ylatupa, the latter received the appointment. Appellant commenced this action claiming that the Firefighter's Civil Service Commission Act utilizes a "rule of one" for promotions and that his receipt of the highest...

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