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BRUBAKER v. DEPT. OF ECONOMIC SEC.

No. 2 CA-CV 87-0122.

156 Ariz. 577 (1987)

754 P.2d 304

Richard T. BRUBAKER, Plaintiff/Appellant, v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY, Defendant/Appellee.

Court of Appeals of Arizona, Division 1, Department A.

Reconsideration Denied December 29, 1987.

Review Denied May 24, 1988.

Attorney(s) appearing for the Case

Law Offices of William J. Risner by Kenneth K. Graham and Law Office of Paul Saba by Paul Saba, Tucson, for plaintiff/appellant.

Ronald A. Lebowitz, P.C. by Louis A. Goodman, Phoenix, for defendant/appellee.

OPINION

LACAGNINA, Chief Judge.

Richard T. Brubaker appeals from a judgment of the superior court affirming a decision of the Arizona State Personnel Board (the board) refusing to grant him a new hearing based on his allegations of perjury by one witness at his post-termination hearings held in 1983. He argues on appeal as follows: 1) the trial court erred in failing to apply the Supreme Court's holding in Cleveland Board of Education v. Loudermill,

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