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SCHILTZ v. CITY OF DULUTH

No. C3-89-53.

435 N.W.2d 625 (1989)

Earl W. SCHILTZ, Petitioner, Respondent, v. CITY OF DULUTH, Minnesota, Appellant.

Court of Appeals of Minnesota.

Review Granted March 29, 1989.

Attorney(s) appearing for the Case

Joseph J. Roby, Jr., Duluth, for petitioner, respondent.

Bryan F. Brown, Deputy City Atty., Duluth, for appellant.

Considered at Special Term and decided by WOZNIAK, C.J. and LANSING and RANDALL, JJ., without oral argument.

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

The Veterans' Preference Act, Minn.Stat. Chapter 197, provides that veterans cannot be removed from public employment except for incompetency or misconduct shown after a hearing. Respondent Earl Schiltz is a veteran who was discharged from employment by the City of Duluth in April 1981. Schiltz was not notified of his right to a veterans' hearing until 1985, when he promptly requested such a hearing...

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