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THEODORE v. DEPT. OF HEALTH & HUMAN RES.

No. CA 86 0945.

515 So.2d 454 (1987)

Iris T. THEODORE v. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, OFFICE OF CHARITY HOSPITAL OF LOUISIANA AT NEW ORLEANS.

Court of Appeal of Louisiana, First Circuit.

Writ Denied December 18, 1987.

Attorney(s) appearing for the Case

Jane Johnson, New Orleans, for appellant.

Philip H. Kennedy, Staff Atty., Dept. of Health and Human Resources, Office of the General Counsel, New Orleans, for appellee.

Robert R. Boland, Jr., Civil Service Legal Counsel, Dept. of State Civil Service, Baton Rouge, for Herbert L. Sumrall.

Before GROVER L. COVINGTON, C.J., and SAVOIE and LeBLANC, JJ.

GROVER L. COVINGTON, Chief Judge.

An employee of Charity Hospital appeals her suspension for 15 days without pay, which resulted from a physical altercation with another employee in the Low Risk Nursery. An appeals referee of the Civil Service Commission had affirmed the suspension, while acknowledging that appellant was not the aggressor in the fight and that she reacted "spontaneously or reflexively" to the first blow...

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