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NOEL v. DEPT. OF SANITATION CITY OF N.O.

No. CA 4781.

490 So.2d 498 (1986)

Elinus P. NOEL v. DEPARTMENT OF SANITATION CITY OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

June 5, 1986.

Attorney(s) appearing for the Case

Avis Topps, New Orleans Legal Assistance Corp., New Orleans, for appellant.

Okla Jones, III, City Atty., Don Hernandez, Chief Deputy City Atty., and Harold D. Marchand, Asst. City Atty., New Orleans, for appellee.

Before CIACCIO and WILLIAMS, JJ., and HUFFT, J. Pro Tem.

CIACCIO, Judge.

Elinus Noel appeals from a decision of the Civil Service Commission which upheld his dismissal from employment, as a Laborer Waste Collector with the New Orleans Sanitation Department. We reverse the ruling of the Civil Service Commission.

The sole issue on appeal is whether the appointing auithority met its burden of proving that the plaintiff's absence from work, due to his incarceration, impaired the efficient operations of the Department...

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