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CITY OF DES MOINES v. CIVIL SERVICE COM'N

No. 68196.

334 N.W.2d 133 (1983)

CITY OF DES MOINES, Iowa, Appellant, v. CIVIL SERVICE COMMISSION OF DES MOINES, Iowa, and Delores Monroe, as Chairperson of the Des Moines Civil Service Commission, Ralph Costanzo, as Commission Person, and Marsh Houston, as Commission Person, Appellees, Wilbur Devine and Karl Schilling, Intervenors.

Supreme Court of Iowa.

Rehearing Denied June 9, 1983.

Attorney(s) appearing for the Case

Earl W. Roberts, City Sol. and Nelda Barrow Mickle, Asst. City Atty., for appellant.

Eugene E. Olson of Connolly, O'Malley, Lillis & Hansen, Des Moines, for appellees.

James E. Brick and Luis Herrera, Des Moines, for intervenors.

Considered by REYNOLDSON, C.J., and HARRIS, McCORMICK, LARSON, and SCHULTZ, JJ.

REYNOLDSON, Chief Justice.

Plaintiff City of Des Moines filed this certiorari action in district court, asserting the defendant Civil Service Commission (commission) was proceeding illegally in that it had no subject matter jurisdiction to consider the suspensions and terminations of two city employees, intervenors Wilbur Devine and Karl Schilling. Trial court annulled the writ it had issued, and the city appealed. We affirm in part, reverse in part, and remand.<...

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