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SAMBO v. CITY OF MITCHELL

No. 15690.

427 N.W.2d 379 (1988)

Allen SAMBO, Appellee, v. CITY OF MITCHELL and its Police Department, Appellant, and S.D. Dept. of Labor, Div. of Labor and Management, Respondent.

Supreme Court of South Dakota.

Decided August 10, 1988.

Attorney(s) appearing for the Case

Harry H. Smith of Smith & Smith, Sioux City, Iowa, for appellee.

Dennis Maloney of Maloney, Kolker, Fritz, Hogan & Johnson, Aberdeen, for appellant.

Carl J. Koch, Mitchell, for appellant.

TALBOTT, Circuit Judge.

City of Mitchell (City), a municipal corporation of the State of South Dakota, appeals a trial court judgment which reversed the decision of the Department of Labor (Department) which held the dismissal of Allen Sambo (Grievant) proper. The trial court directed the reinstatement of Grievant to his position with City. We affirm the trial court.

Both the trial court and Department found the...

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