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APPEAL OF ELLIOTT

No. 66507.

319 N.W.2d 244 (1982)

In the Matter of Appeal of Daniel H. ELLIOTT, Jr., Appellant.

Supreme Court of Iowa.

Rehearing Denied July 15, 1982.

Attorney(s) appearing for the Case

Harry W. Zanville of Clark, Butler & Walsh, Waterloo, Richard H. Zimmerman of Mears, Zimmerman & Mears, Iowa City, and Barry A. Lindahl of Conzett, Norman, Lindahl & O'Brien, Dubuque, for appellant.

David F. McGuire, City Atty., and Lynda E. Thomsen, Asst. City Atty., Cedar Rapids, for appellee Cedar Rapids Civil Service Commission.

Considered by REYNOLDSON, C. J., and UHLENHOPP, McCORMICK, ALLBEE, and McGIVERIN, JJ.

REYNOLDSON, Chief Justice.

Appellant Daniel H. Elliott, Jr., sought to appeal a decision of appellee Cedar Rapids Civil Service Commission that sustained his discharge as a police officer. The commission filed a special appearance, asserting district court had no jurisdiction because the service of notice of appeal was fatally defective. District court sustained the special appearance and overruled a later "Motion to Amend" its ruling. We affirm.

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