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STATE v. COLORADO STATE PERSONNEL BD.

No. 84SA211.

722 P.2d 1012 (1986)

STATE of Colorado, DEPARTMENT OF PERSONNEL; and Gail S. Schoettler, as the Executive Director of the Department of Personnel, Plaintiffs-Appellants, v. COLORADO STATE PERSONNEL BOARD; Randall C. Mustain-Wood, B.A. "Tony" Arguello, Jan Knoop, and Raymond C. DeLisle, in their capacity as members of the Colorado State Personnel Board; Employees of the State of Colorado in the Key Class of Administrative Clerk Typist; Employees of the State of Colorado in the Key Class of Professional Auditor III; Employees of the State of Colorado in the Key Class of Custodian B; and Colorado Association of Public Employees, as Representatives for the State Employees, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

July 7, 1986.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Kathryn J. Aragon, Asst. Atty. Gen., Denver, for plaintiffs-appellants.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Gregory C. Smith, Deputy Atty. Gen., Denver, for defendants-appellees Colorado State Personnel Bd. and Members thereof.

James R. Gilsdorf, Denver, for defendant-appellee Colorado Ass'n of Public Employees.

LOHR, Justice.

The Colorado State Department of Personnel (department) and its director, Gail Schoettler (director), brought suit in Denver District Court against the Colorado State Personnel Board (board) and other defendants, challenging the board's action in overturning part of a decision made by the department and the director. Upon motion by the board, the district court dismissed the case for lack of jurisdiction on the ground that the department and the director...

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