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EARVIN v. CIVIL SERVICE COM'N

No. 45673.

651 S.W.2d 506 (1983)

Sylvester EARVIN, Appellant, v. CIVIL SERVICE COMMISSION, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied May 13, 1983.

Application to Transfer Denied June 30, 1983.

Attorney(s) appearing for the Case

Thomas B. Maue, St. Louis, David G. Dempsey, Shifrin, Treiman, Barken, Dempsey & Ulrich, Clayton, for appellant.

Judith Ronzio, St. Louis, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 13, 1983.

CLEMENS, Senior Judge.

Appellant-employee Sylvester Earvin appeals from the defendant's order terminating his employment. The circuit court affirmed and Earvin has appealed.

Here, Earvin contends the evidence failed to show he was unwilling to work and his temporary inability did not warrant discharge. The Commission contends the discharge was within its discretion under rules...

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