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DES MOINES v. CIVIL SERVICE COM'N

No. 94-1394.

540 N.W.2d 52 (1995)

CITY OF DES MOINES, Appellant, v. CIVIL SERVICE COMMISSION OF the CITY OF DES MOINES, Iowa, Appellee, and Jerry O. Smith, Intervenor-Appellee.

Supreme Court of Iowa.

November 22, 1995.

Attorney(s) appearing for the Case

Nelda Barrow Mickle, City Solicitor, Des Moines, for appellant.

Nolden Gentry of Brick, Gentry, Bowers, Swartz, Stoltze, Schuling & Levis, P.C., Des Moines, for appellee.

Charles E. Gribble and Pamela J. Prager of Whitfield & Eddy, P.L.C., Des Moines, for intervenor-appellee.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, LAVORATO, and SNELL, JJ.

McGIVERIN, Chief Justice.

The main question presented is whether a city civil service commission has jurisdiction to hear an appeal of a city firefighter discharged for a nondisciplinary reason. We believe the commission does have jurisdiction to entertain the appeal, and, therefore, we affirm the district court's order annulling a writ of certiorari issued in connection with the City's challenge to the commission's jurisdiction.

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