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DEPARTMENT OF HEALTH, ETC. v. PERRY

No. 82 CA 0167.

423 So.2d 1266 (1982)

DEPARTMENT OF HEALTH AND HUMAN RESOURCES, OFFICE OF FAMILY SECURITY v. Matilda PERRY.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 14, 1983.

Attorney(s) appearing for the Case

Joseph A. Donchess, Staff Atty., Dept. of Health & Human Resources, Baton Rouge, for appellant.

Mary E. Howell, Howell & Bayer, New Orleans, for appellee.

Robert R. Boland, Jr., Civ. Service Legal Counsel, Dept. of State Civ. Service, Baton Rouge, for George Hamner, Director of the Dept. of State Civ. Service.

Before EDWARDS, WATKINS and SHORTESS, JJ.

SHORTESS, Judge.

The Department of Health and Human Resources, Office of Family Security (Department), appeals from a decision of the Louisiana Civil Service Commission (Commission) reversing the ten-day suspension of Matilda Perry (appellee), a permanent employee of the Department, classified as an Eligibility Worker.

The facts surrounding the suspension are as follows: On May 9, 1979, appellee left around noon for her lunch break, which,

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