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SMITH v. POWERS

No. C2-90-1569.

461 N.W.2d 53 (1990)

Gary SMITH, Relator, v. James POWERS, Chairperson of Rochester Fire Civil Service Commission, et al., Respondents.

Court of Appeals of Minnesota.

October 2, 1990.

Attorney(s) appearing for the Case

George Restovich, Patterson-Restovich-Lund Law Offices, Rochester, for relator.

Douglas Gregor, Deputy City Atty., Rochester, for respondents.

Considered at Special Term and decided by WOZNIAK, C.J., and KALITOWSKI and DAVIES, JJ.

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Assistant Chief Gary Smith filed a certiorari appeal from the June 11, 1990 refusal of the Rochester Fire Civil Service Commission to review a 30-day suspension imposed upon him on April 10, 1990 by Rochester Fire Chief Thomas Kochheiser. Smith did not appeal from the chief's decision, but he challenges the reasonableness of the suspension order on this appeal. In addition, Smith argues that a rule...

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