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DANIGOLE v. NEW ORLEANS POLICE DEPT.

No. 2000-CA-2736.

812 So.2d 682 (2002)

Brian DANIGOLE and Daniel Chauvin v. NEW ORLEANS POLICE DEPARTMENT.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion on Grant of Rehearing March 6, 2002.

Attorney(s) appearing for the Case

Franz L. Zibilich, Chief Deputy City Attorney, Patrick R. Bossetta, Deputy City Attorney, Mavis S. Early, City Attorney, New Orleans, Counsel for Defendant/Appellant.

Gary M. Pendergast, New Orleans, Counsel for Plaintiff/Appellee.

Brian D. Perry, Sr., New Orleans, Counsel for Plaintiff/Appellee.

Court composed of Judge CHARLES R. JONES, Judge TERRI F. LOVE and Judge MAX N. TOBIAS, Jr.

JONES, J.

Appellant, the New Orleans Police Department, appeals the decision of the Civil Service Commission of the City of New Orleans reinstating the Appellees, Brian Danigole and Daniel Chauvin, to their positions as New Orleans Police Officers and restoring all lost pay and other benefits while on suspension. We reverse.

Facts

Officers Brian Danigole and Daniel J. Chauvin were patrolling the Magnolia...

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