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GILMORE v. SALT LAKE COMMUNITY ACTION PROGRAM

No. 81-1167.

710 F.2d 632 (1983)

Walter K. GILMORE, Plaintiff-Appellant, v. SALT LAKE COMMUNITY ACTION PROGRAM, a Utah corporation; Hal J. Schultz, Executive Director; Robert E. Philbrick, President, Board of Trustees; Richard Fields, Personnel Administrator; Fred Geter, Chairman, Personnel Committee; Ann O'Connell, Terry Williams, John E. Delaney, Ted L. Wilson, Jennings Phillips, Glen Greener, Pete Kutulas, William Dunn, Ralph McClure, Jess Agraz, Don Mierva, Lucy Otero, Glen M. Larsen, Bernice Benns, Lambertus Jensen, Solomon Chacon, Leon Reese, Palmer Depaulis, Richard Ligh, Victor Delgado, Norbest Martinez, Mavis Lindsay, M.C. Eberhardt, Clement Jay, Eva Maez, Jerri Brown, Wayne Horrocks, Hermoine Jex, constituting the Board of Trustees of the Salt Lake Area Community Action Program, their officers, employees, successors and assigns, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 27, 1983.

Attorney(s) appearing for the Case

Kathryn Collard of Collard, Kuhnhausen, Pixton & Downes, Salt Lake City, Utah, for plaintiff-appellant.

Stephen W. Cook of Littlefield, Cook & Peterson, Salt Lake City, Utah, for defendants-appellees.

Before SETH, Chief Judge, and McWILLIAMS and McKAY, Circuit Judges.

McKAY, Circuit Judge.

Walter K. Gilmore served as Fiscal Director of the Salt Lake Community Action Program ("SLCAP") from 1974 to 1977. In 1977, the Executive Director of SLCAP reorganized the Fiscal Department, assumed the position of Fiscal Director, and terminated Mr. Gilmore's employment as a "reduction in force." Mr. Gilmore appealed the termination to the SLCAP Personnel Committee, which sustained the Executive Director's decision. He then filed this suit ...

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