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  5. 145 Cal.App.3d 395 (1983)
 

ACKERMAN v. STATE PERSONNEL BD.

Docket No. AO21059.

145 Cal.App.3d 395 (1983)

193 Cal. Rptr. 190

E. DANIEL ACKERMAN, Plaintiff and Respondent, v. STATE PERSONNEL BOARD, Defendant and Appellant; DEPARTMENT OF CALIFORNIA HIGHWAY PATROL, Real Party in Interest and Appellant.

Court of Appeals of California, First District, Division Three.

June 27, 1983.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Andrea S. Ordin, Chief Assistant Attorney General, and Marian M. Johnston, Deputy Attorney General, for Defendant and Appellant and for Real Party in Interest and Appellant.

Richard J. Romanski and Hession, Creedon, Hamlin, Kelly, Hanson & Brown for Plaintiff and Respondent.

OPINION

FEINBERG, J.

On this appeal by the California Highway Patrol (CHP) and the State Personnel Board (Board) from a judgment granting a peremptory writ of mandamus (Code Civ. Proc., § 1094.5) to compel the Board to reconsider the dismissal of respondent Ackerman, the only question is whether the penalty imposed constituted an abuse of discretion. The Board and CHP contend that the trial court erred by substituting its discretion...

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