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ROLL v. CITY OF MIDDLETON

No. 16760.

771 P.2d 54 (1989)

115 Idaho 833

Richard L. ROLL, Plaintiff-Appellant, v. CITY OF MIDDLETON, a municipal corporation; Alice M. Lanning, individually and in her capacity as Mayor of the City of Middleton, Idaho; Joe Gunics, Jack Jones, Curtis Kessler and Lloyd F. Bowen, each individually and in their respective official capacities as the City Council of the City of Middleton; and Gerald Aldrich, individually and in his official capacity as Superintendent of Public Works of the City of Middleton, Defendants-Respondents.

Court of Appeals of Idaho.

Rehearing Denied March 9, 1989.

Attorney(s) appearing for the Case

Richard L. Roll, pro se.

David L. Whitney and Ronald P. Rainey (Alexanderson, Davis, Rainey, Whitney & Kerrick), Caldwell, for defendants-respondents.

SUBSTITUTE OPINION

The Court's prior opinion dated November 4, 1988, is hereby withdrawn.

BURNETT, Judge.

This is an employment termination case involving a public employee. The principal issue is whether a jury verdict in favor of the employer should be set aside for juror misconduct. The district judge said no, and he denied the employee's motion for a new trial. Today we vacate the judge's order and remand the case for reconsideration of the motion...

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