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BURCKEL v. DEPARTMENT OF FIRE

No. 97-CA-0635.

700 So.2d 553 (1997)

Craig BURCKEL v. DEPARTMENT OF FIRE.

Court of Appeal of Louisiana, Fourth Circuit.

September 17, 1997.

Attorney(s) appearing for the Case

Louis L. Robein, Jr., Robein, Urann & Lurye, Metairie, for Plaintiff/Appellant.

Avis Marie Russell, City Attorney, Franz L. Ziblich, Chief Deputy City Attorney, Joseph V. DiRosa, Deputy City Attorney, Patrick R. Bossetta, Assistance City Attorney, New Orleans, for Defendant/Appellee.

Before KLEES, BYRNES and PLOTKIN, JJ.

PLOTKIN, Judge.

The primary issue in this appeal is whether the City of New Orleans, as appointing authority, presented sufficient evidence to support its dismissal of plaintiff Craig Burckel from his position as firefighter for consumption of alcohol while he was wearing his uniform and representing the fire department, when the City failed to present admissible evidence of his blood alcohol level. A secondary issue relates to the City Civil Service Commission's...

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