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ABEL v. CITY OF KENNER MUNICIPAL FIRE AND POLICE CIVIL SERV. BD.

No. 97-CA-1086.

716 So.2d 451 (1998)

Lynn ABEL, individually and in his official capacity as an Officer for the City of Kenner Police Department v. CITY OF KENNER MUNICIPAL FIRE AND POLICE CIVIL SERVICE BOARD, and Nick A. Congemi, In his official capacity as Chief of Police and appointing authority for the City of Kenner Police Department.

Court of Appeal of Louisiana, Fifth Circuit.

July 28, 1998.

Attorney(s) appearing for the Case

Patrick McGinity, New Orleans, for plaintiff-appellant.

Gregory G. Gremillion, John M. Crosby, Windhorst, Gaudry, Ranson, Higgins & Gremillion, Oakwood Corporate Center, Gretna, for defendant-appellee.

Before GAUDIN, DUFRESNE and GOTHARD, JJ.

GAUDIN, Judge.

Lynn M. Abel, a Kenner police officer, was terminated by the Chief of Police on August 24, 1995. Subsequently, the Kenner Municipal Fire & Police Civil Service Board and then the 24th Judicial District Court approved the termination. Abel next appealed to this Court, contending:

(1) there was no proper pretermination notice and hearing; (2) evidence introduced at the Civil Service Board hearing violated...

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