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SMITH v. DES MOINES CIVIL SERVICE COM'N

No. 95-1929.

561 N.W.2d 75 (1997)

Jerry O. SMITH, Appellant, v. DES MOINES CIVIL SERVICE COMMISSION and the City of Des Moines, Appellees.

Supreme Court of Iowa.

Rehearing Denied April 18, 1997.

Attorney(s) appearing for the Case

Charles E. Gribble and Pamela J. Prager of Gribble & Prager, P.C., Des Moines, for appellant.

Mark Godwin and Bruce E. Bergman, Des Moines, for appellees.

Considered by LARSON, P.J., and CARTER, LAVORATO, SNELL, and TERNUS, JJ.

CARTER, Justice.

The appellant, Jerry O. Smith, a captain on the Des Moines Fire Department, challenged his July 18, 1994 discharge by appeal to the Des Moines Civil Service Commission (the commission). The City of Des Moines (the city) challenged the authority of the commission to grant him relief for what the city maintained was a "nondisciplinary discharge" based on physical fitness requirements related to a cardiopulmonary...

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