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MISS. DEPT. OF CORR. v. McCLEE

No. 92-CC-00954-SCT.

677 So.2d 732 (1996)

MISSISSIPPI DEPARTMENT OF CORRECTIONS v. George McCLEE and the Mississippi Employee Appeals Board.

Supreme Court of Mississippi.

June 27, 1996.

Attorney(s) appearing for the Case

James M. Norris, Parchman, for appellant.

Richard A. Oakes, Burgoon & Oakes, Greenwood, for appellee.

En Banc.

BANKS, Justice, for the Court:

Here we are required to resolve the, perhaps contradictory, requirements of our state personnel disciplinary statutes. The Mississippi Department of Corrections [hereinafter DOC] contends that those statutes were violated by a decision which appears to have been bottomed on an allocation of the burden of proof to it rather than the complaining employee. The employee responds that the decision was simply responsive to a lack of evidence...

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