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SMITH v. STATE, DEPT. OF TRANSP.

No. S-13796.

253 P.3d 1233 (2011)

Paul SMITH, Appellant, v. STATE of Alaska, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Appellee.

Supreme Court of Alaska.

July 1, 2011.

Attorney(s) appearing for the Case

Hugh W. Fleischer , Law Offices of Hugh W. Fleischer, LLC, Anchorage, for Appellant.

Joan M. Wilkerson , Assistant Attorney General, and Daniel S. Sullivan , Attorney General, Juneau, for Appellee.

Before: CARPENETI, Chief Justice, FABE, WINFREE, CHRISTEN, and STOWERS, Justices.

OPINION

FABE, Justice.

I. INTRODUCTION

The Alaska Department of Transportation and Public Facilities (DOTPF) fired Paul Smith, an equipment operator, for misconduct. In 2005, Smith shot a moose while on duty and received a 30-day suspension. In 2006, he took a fuel tank stand from his work station, later claiming that he thought he had received permission to do so. At about the same time, 100 gallons...

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