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CUNNINGHAM v. DEPARTMENT OF HIGHWAYS

No. 89CA1241.

823 P.2d 1377 (1991)

Charles CUNNINGHAM, Complainant-Appellee, and State Personnel Board, State of Colorado, Appellee, v. DEPARTMENT OF HIGHWAYS, Respondent-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied August 1, 1991.

Certiorari Denied January 27, 1992.

Attorney(s) appearing for the Case

Safran and Adkins, Hubert M. Safran, Denver, for complainant-appellee.

No appearance for appellee State Personnel Bd.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Steven A. Chavez, Asst. Atty. Gen., Denver, for respondent-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Mary Ann Whiteside, First Asst. Atty. Gen., Denver, amicus curiae for Dept. of Personnel.

Opinion by Judge CRISWELL.

The Colorado Department of Highways (department) seeks review of an order entered by the State Personnel Board (board), which determined that the department failed to promote one of its black employees, Charles Cunningham (complainant), because of his race and which directed the department to promote complainant and to undertake certain other affirmative action. In seeking this court's disapproval...

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