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ZIKE v. STATE PERSONNEL BD.

Docket No. AO15409.

145 Cal.App.3d 817 (1983)

193 Cal. Rptr. 766

PHILIP ZIKE, Plaintiff and Appellant, v. STATE PERSONNEL BOARD, Defendant and Respondent; WILSON RILES, as Superintendent, etc., Real Party in Interest and Respondent.

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

August 10, 1983.

Attorney(s) appearing for the Case

COUNSEL

Bernard L. Allamano and Philip E. Callis for Plaintiff and Appellant.

George Deukmejian and John K. Van de Kamp, Attorneys General, N. Eugene Hill, Assistant Attorney General, Harold Teasdale and Matthew P. Boyle, Deputy Attorneys General, for Defendant and Respondent and for Real Party in Interest and Respondent.

OPINION

WEINSTEIN, J.*

This appeal challenges the constitutionality of the "automatic resignation" statute, former Government Code section 19503. That statute provides in pertinent part that "Absence without leave, whether voluntary or involuntary, for five consecutive working days is an automatic resignation from state service, ..."

Plaintiff is...

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