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LANES v. O'BRIEN

No. 85CA0900.

746 P.2d 1366 (1987)

George LANES, Plaintiff-Appellee and Cross-Appellant, v. Timothy O'BRIEN, State Auditor of the State of Colorado; the State Personnel Board of the State of Colorado; Randall C. Mustain-Wood, Jan Knoop, B.A. Arguello, Raymond C. DeLisle, and Tucker K. Trautman, as Members of the State Personnel Board, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 30, 1987.

Certiorari Denied November 30, 1987.

Attorney(s) appearing for the Case

Mangan & Katz, Thomas J. Mangan, Lawrence Katz, Denver, for plaintiff-appellee and cross-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Maurice G. Knaizer, First Asst. Atty. Gen., Denver, for defendants-appellants and cross-appellees.

CRISWELL, Judge.

Plaintiff, George Lanes, was dismissed from his position in the office of the State Auditor (Auditor) under circumstances which he claimed violated the provisions of Colorado's so-called "Whistleblower Act," § 24-50.5-101, et seq., C.R.S. (1982 Repl. Vol. 10). A hearing officer of the State Personnel Board (Board) agreed with him and ordered his reinstatement with back pay. The Board set the hearing officer's decision aside and upheld Lanes'...

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