CITY OF BATON ROUGE v. DOUGLAS

No. 2004 CA 1448.

923 So.2d 166 (2005)

CITY OF BATON ROUGE, Parish of East Baton Rouge and the Department of Public Works v. Anthony DOUGLAS and the Personnel Board of the City of Baton Rouge, Parish of East Baton Rouge.

Court of Appeal of Louisiana, First Circuit.

Dissenting Opinion January 13, 2006.

Rehearing Denied February 22, 2006.


Attorney(s) appearing for the Case

Irys L. Allgood, Baton Rouge, for Plaintiffs/Appellants, City of Baton Rouge, Parish of East Baton Rouge and Department of Public Works.

Annette Bookter, Baton Rouge, for Defendant/Appellee, Personnel Board of the City of Baton Rouge, Parish of East Baton Rouge.

Edward J. Walters, Jr., Baton Rouge, for Defendant/Appellee Anthony Douglas.

CARTER, C.J., WHIPPLE, PARRO, KUHN, GUIDRY, PETTIGREW, DOWNING, GAIDRY, MCDONALD, MCCLENDON, HUGHES, and WELCH, JJ.


Dissenting Opinion of Judge Kuhn, January 13, 2006.

CARTER, C.J.

This is an appeal from a judgment of the district court ordering the Department of Public Works (DPW) for the City of Baton Rouge, Parish of East Baton Rouge (City/Parish), to reinstate Anthony Douglas's employment. This court has considered the matter en banc to resolve a direct conflict of two prior opinions of this court.

DISCUSSION

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