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SCHILTZ v. CITY OF DULUTH

No. C3-89-53.

449 N.W.2d 439 (1990)

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

Supreme Court of Minnesota.

January 5, 1990.

Attorney(s) appearing for the Case

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

Joseph J. Roby, Jr., Johnson, Killen, Thibodeau & Seiler, Duluth, for respondent.

Considered and decided by the court en banc without oral argument.

COYNE, Justice.

The City of Duluth obtained further review of a decision of the court of appeals, 435 N.W.2d 625, dismissing its appeal from an order of the district court denying its motion for a new trial in a mandamus action. We reverse and remand to court of appeals for further proceedings.

Earl W. Schiltz, a veteran, was employed by the city as a manager of employee relations until his layoff in April 1981. He commenced...

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