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CIVIL SERV. COM'N v. IOWA CIV. RIGHTS COM'N

No. 93-1001.

522 N.W.2d 82 (1994)

CIVIL SERVICE COMMISSION and City of Estherville, Iowa, Appellees, v. IOWA CIVIL RIGHTS COMMISSION, Appellant, and James A. Montz, Intervenor-Appellant.

Supreme Court of Iowa.

Rehearing Denied October 17, 1994.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., and Teresa Baustian, Asst. Atty. Gen., for appellant.

Roger J. Kuhle, John C. Barrett, and John O. Haraldson of the Law Office of Roger J. Kuhle, P.C., West Des Moines, for intervenor-appellant.

James A. Albert, Des Moines, for appellees.

Considered by McGIVERIN, C.J., and HARRIS, LAVORATO, NEUMAN, and TERNUS, JJ.

TERNUS, Justice.

In this case we decide the extent to which a civil service commission may use age as a screening criterion in the hiring of police officers. James Montz was not allowed to compete for a position on the City of Estherville's police force because of his age. He filed a complaint against the City and its civil service commission with the Iowa Civil Rights Commission (ICRC). The ICRC ruled that the City's refusal...

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