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CIVIL SERVICE COM'N v. CARNEY

No. 03SC478.

97 P.3d 961 (2004)

CIVIL SERVICE COMMISSION, City and County of Denver, Colorado; Kristopher Colley, Christoper Olson, Ellen Reath, Paula Sandoval, and Edward Sullivan, its Commissioners; Paul G. Torres, its Executive Director; Tom Sanchez, Chief of Police, City and County of Denver, Colorado; Fidel "Butch" Montoya, Jr., Manager of Safety, City and County of Denver, Colorado; Tracie Keese; Judy Will; Michael Calo; Antonio Lopez; David Fisher; John Pettinger; Kenneth Chavez; Johnathyn Priest; Roger Barker; Patrick Carver; Rhonda Jones; Ronald Saunier; Ernest Martinez; Clyde Jones; Kristen Kroncke; John Burbach; David Quinones; Ronald Johns; Ronald Lopez; Vincent Gavito; Michael Scanlan; Harold Chatman; Paul Berdahl; Lester Smith; Bill Finch; Sylvia Sich; Richard Shook; Richard Stager; Marsha Walker; Mark Drajem; Kirk Hon; Kirk Dunham; Robert Silvas; Robert Aultman; Laura Tinnin; Alan Miller; Anthony Stone; Ronald Ruiz; Michael Anderson; Christopher Hoag; Cynthia Duncan; Lawrence Subia; John Goodfellow; William Yeros; Eugene Orton; Rick McNellis; and Robert Vescio, Petitioners, v. Clifford CARNEY, Gregory Cook, and Donna Starr-Gimeno, Respondents.

Supreme Court of Colorado, En Banc.

September 13, 2004.

Attorney(s) appearing for the Case

J. Wallace Wortham, Jr., City Attorney, Sybil R. Kisken, Assistant City Attorney, Denver City Attorney's Office, Denver, Colorado, Attorneys for Petitioners.

Worstell & Kiesnowski, David L. Worstell, Robert W. Kiesnowski, Denver, Colorado, Attorneys for Respondents.

Chief Justice MULLARKEY delivered the Opinion of the Court.

I. Introduction

This case has been appealed to the court of appeals twice. In its first opinion, the court held that plaintiffs, three police officers who challenged a portion of a promotional examination given by the City and County of Denver, were entitled to relief under C.R.C.P. 106(a)(4) and remanded the case for the award of costs to them under section 13-16-111, 5 C.R.S. (2003). Carney...

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