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KELLY v. IOWA DEPT. OF JOB SERVICE

No. 85-711.

386 N.W.2d 552 (1986)

Brian KELLY, Petitioner-Appellant, v. IOWA DEPARTMENT OF JOB SERVICE and St. Ansgar Community School District, Respondents-Appellees.

Court of Appeals of Iowa.

February 26, 1986.

Attorney(s) appearing for the Case

Evelyn Ocheltree of Legal Services Corp., Mason City, for petitioner-appellant.

Walter F. Maley, Blair H. Dewey, and Joseph L. Bervid, Des Moines, for respondent-appellee Iowa Dept. of Job Service.

Brian H. McKinley, of Dunkelberg, McKinley & Folkers, Osage, for respondent-appellee St. Ansgar Community School Dist.

Considered by OXBERGER, C.J., and DONIELSON and SNELL, JJ.

SNELL, Judge.

Petitioner Brian Kelly was a custodian for the St. Ansgar Community School District from August 7, 1978 until he was fired on March 8, 1983. On March 9, Superintendent Delbert Jensen gave Kelly a letter that stated that the reason for his termination was neglect of his work. Jensen testified that the incident which triggered the discharge was Kelly's failure to adequately clean the school's stage. Jensen admitted that the stage had been swept. However...

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