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PHILLIPS v. CITY OF LIVINGSTON

No. 94-084.

885 P.2d 528 (1994)

In the Matter of Howard Larry PHILLIPS, Petitioner and Appellant, v. CITY OF LIVINGSTON, a Municipal Corporation, Bill R. Dennis, Ruth Eggar, Lyle Gillard, Lee Harris, and Pate Mikesell, as member of and constituting the City Council of the City of Livingston, Montana, Respondents and Respondents.

Supreme Court of Montana.

Decided November 29, 1994.

Attorney(s) appearing for the Case

William F. Frazier, Jr.; Swandal, Douglass, Frazier & Cole, Livingston, for appellant.

Robert L. Jovick, Livingston, for respondent.

Michael J. San Souci, Bozeman, for amicus curiae, Montana State Council of Professional Firefighters, Intern. Ass'n of Firefighters and Local No. 630, IAFF.

HARRISON, Justice.

This is an appeal from an order of the District Court for the Sixth Judicial District, Park County, denying Howard Larry Phillips' (Phillips) petition for a writ of mandamus. We reverse.

We restate the issues raised as follows:

1. Do the city of Livingston's termination hearing procedures supersede statutory termination procedures for firefighters established by the state legislature?

2. Is Phillips entitled to the relief...

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