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RENTERIA v. STATE DEPT. OF PERSONNEL

No. 89SA460.

811 P.2d 797 (1991)

Carlos M. RENTERIA, Plaintiff-Appellant/Cross-Appellee, v. COLORADO STATE DEPARTMENT OF PERSONNEL, Joann Soker, State Personnel Director, and Colorado Department of Labor and Employment, John J. Donlon, Executive Director, Defendants-Appellees/Cross-Appellants.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 10, 1991.

Attorney(s) appearing for the Case

Eva Camacho Woodard, Lakewood, for plaintiff-appellant/cross-appellee.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Michael P. Serruto and Paul H. Chan, Asst. Attys. Gen., Human Resources Section, Denver, for defendants-appellees/cross-appellants.

Justice MULLARKEY delivered the Opinion of the Court.

The appellant, Carlos Renteria (Renteria), appeals1 from a Denver District Court decision holding that section 24-50-104(3)(g), 10B C.R.S. (1988), governs the reallocation of his state position, and is constitutional. Because the district court held that the State Department of Personnel's Individual Allocation Review Panel improperly placed the burden of proof on the plaintiff, it...

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