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  5. 798 S.W.2d 454 (1990)
 

CITY OF LOUISVILLE, BY KUSTER v. MILLIGAN

No. 89-SC-796-DG.

798 S.W.2d 454 (1990)

CITY OF LOUISVILLE, By and Through Thomas T. KUSTER, Director of Public Health and Safety, Appellant, v. Dennis L. MILLIGAN and Louisville Civil Service Board, Appellees.

Supreme Court of Kentucky.

November 8, 1990.

Attorney(s) appearing for the Case

J. Michael Brown, Director of Law, Paul V. Guagliardo, Asst. Director of Law, City of Louisville, Louisville, for appellant.

Mark L. Miller, Miller & Meade, Mark Dobbins, Louisville Civil Service Bd., Louisville, for appellees.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed a summary judgment of the circuit court which had reversed a decision of the civil service board modifying a penalty imposed on an employee by the safety director.

The issue is whether K.R.S. 90.190(2) provides authority to the civil service board to modify a disciplinary penalty imposed by the appointing authority.

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