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HEATON v. DEPT. OF MILITARY AFFAIRS

684 S.W.2d 286 (1984)

James N. HEATON, Appellant, v. DEPARTMENT OF MILITARY AFFAIRS, Commonwealth of Kentucky, the Kentucky Personnel Board, Appellees.

Court of Appeals of Kentucky.

Case Ordered Published By Court of Appeals October 19, 1984.

Rehearing Denied November 16, 1984.

Discretionary Review Denied February 21, 1985.

Attorney(s) appearing for the Case

Edwin A. Logan, Logan & Gaines, Frankfort, for appellant.

David L. Armstrong, Atty. Gen., Greg Holmes, Asst. Atty. Gen., Frankfort, for appellee, Department of Military Affairs.

A. James Higgs, Frankfort, for appellee, The Kentucky Personnel Bd.

Before HAYES, C.J., and COMBS and WHITE, JJ.

WHITE, Judge.

This appeal arises from the Franklin Circuit Court which approved the action of the Kentucky Personnel Board in sustaining the layoff of appellant James N. Heaton by the Department of Military Affairs. At issue is whether the Board's Order was procedurally marred. We hold that it was.

A "layoff plan" was submitted to the Department of Personnel on January 16, 1981. Three days later Mr. Heaton received written notification from Billy Wellman,...

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