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SPENCER v. CITY OF MINNEAPOLIS

No. CX-84-1617.

363 N.W.2d 330 (1985)

Frederick W. SPENCER, Respondent, v. CITY OF MINNEAPOLIS, Appellant.

Court of Appeals of Minnesota.

February 26, 1985.

Attorney(s) appearing for the Case

Larry B. Leventhal, Minneapolis, for respondent.

Robert J. Alfton, City Atty., Jerome R. Jallo, Asst. City Atty., Minneapolis, for appellant.

Heard, considered, and decided by SEDGWICK, P.J., and FOLEY and CRIPPEN, JJ.

OPINION

FOLEY, Judge.

Frederick Spencer brought an action against the City of Minneapolis claiming that under Minn.Stat. § 197.46 (1982), he was entitled as a veteran to be paid his full salary and benefits from the date of his suspension without pay until the date of his formal discharge after a hearing. The city claimed Spencer was not entitled to back pay because he abandoned his position and unreasonably delayed the formal discharge hearing. The...

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