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D.O.T. v. CENTRAL PERSONNEL DIV.

No. 990085.

600 N.W.2d 861 (1999)

1999 ND 198

NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Petitioner and Appellee, v. CENTRAL PERSONNEL DIVISION, Office of Management and Budget, Office of Administrative Hearings, Respondents and Anthony J. Schumacher, Respondent and Appellant.

Supreme Court of North Dakota.

October 20, 1999.

Attorney(s) appearing for the Case

Steven L. Latham, Wheeler Wolf, Bismarck, ND, for respondent and appellant.

Tag C. Anderson, Assistant Attorney General, Bismarck, ND, for petitioner and appellee.

KAPSNER, Justice.

[¶ 1] Anthony J. Schumacher appealed from a district court judgment which reversed an Administrative Law Judge's order requiring reinstatement of Schumacher's employment with the Department of Transportation. Because the Administrative Law Judge had no authority to order reinstatement, we affirm the district court's judgment.

I.

[¶ 2] Anthony Schumacher was employed by the Department of Transportation ("DOT") as an equipment...

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