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BUTLER v. NEW ORLEANS PROPERTY MGMT. DEPT.

No. 2005-CA-0121.

916 So.2d 1134 (2005)

Carl BUTLER v. NEW ORLEANS PROPERTY MANAGEMENT DEPARTMENT.

Court of Appeal of Louisiana, Fourth Circuit.

August 3, 2005.

Attorney(s) appearing for the Case

Sherry S. Landry, City Attorney, Joseph V. Dirosa, Jr., Chief Deputy City Attorney, James B. Mullaly, Assistant City Attorney, New Orleans, LA, for Defendant/Appellant.

Ike Spears, Lakeisha N. Jefferson, Devoyce D. Stubbs-Gray, New Orleans, LA, for Plaintiff/Appellee.

(Court Composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge PATRICIA RIVET MURRAY, and Judge MAX N. TOBIAS, JR.).

MAX N. TOBIAS, JR., Judge.

This case involves the appeal of a ruling by the Civil Service Commission of the City of New Orleans ("CSC") to reinstate Carl Butler ("Butler"), an employee of the Department of Property Management ("DPM"), who was terminated following a positive result for marijuana on a random drug test. Because the City of New Orleans, the appointing authority in this case, failed to present evidence of the chain of custody for the drug test at the hearing...

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