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CHEATON v. LOUISIANA PUBLIC SERVICE COM'N

Nos. CA 1358, 94 CA 1359.

690 So.2d 46 (1995)

George E. CHEATON v. LOUISIANA PUBLIC SERVICE COMMISSION.

Court of Appeal of Louisiana, First Circuit.

December 15, 1995.

Attorney(s) appearing for the Case

Brian A. Eddington, Carolyn Devitis, Baton Rouge, for Appellant Louisiana Public Service Commission.

Fernin F. Eaton, Baton Rouge, for Appellee George E. Cheaton.

Robert R. Boland, Jr., Baton Rouge, for Herbert L. Sumrall, Director Department of State Civil Service.

Before WATKINS and FOIL JJ., and TANNER, J. Pro Tem.

FOIL, Judge.

This appeal challenges the Louisiana Civil Service Commission's failure to dismiss the appeal of a classified civil servant who refused to appear at a hearing to determine the propriety of the disciplinary action taken against him, despite the issuance of a subpoena commanding his presence at the hearing. After a thorough review of the record, we find that the Commission erred in failing to dismiss the appeal, and reverse.

PROCEDURAL BACKGROUND...

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