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MONTOYA v. CITY OF ALBUQUERQUE

No. 13847.

644 P.2d 1035 (1982)

Rudy MONTOYA, Petitioner-Appellee, v. CITY OF ALBUQUERQUE, Department of Water Resources, Mayor David Rusk, Paul Noland, Director, City of Albuquerque Personnel Board, Duane Gilkey, Debby Toth, Manuel Jiminez and Dan Abeyta, Respondents-Appellants.

Supreme Court of New Mexico.

May 6, 1982.

Attorney(s) appearing for the Case

George R. Pat Bryan, III, City Atty., Cornelius J. Finnen, Asst. City Atty., Albuquerque, for respondents-appellants.

William J. Tryon, Albuquerque, for petitioner-appellee.

OPINION

EASLEY, Chief Justice.

Montoya petitioned the district court for certiorari to review the decision of the City of Albuquerque Personnel Board (CAPB) upholding Montoya's termination from City employment. The court ordered Montoya restored to City employment subject to a sixty day suspension. The City appeals. We reverse.

The basic issue is whether there was substantial evidence to support the decision of the CAPB to terminate Montoya. Montoya...

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