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BISHOP STATE COMMUNITY COLLEGE v. THOMAS

2070660.

13 So.3d 978 (2009)

BISHOP STATE COMMUNITY COLLEGE v. David L. THOMAS.

Court of Civil Appeals of Alabama.

As Modified on Denial of Rehearing January 30, 2009.

Attorney(s) appearing for the Case

David M. O'Brien and Jeffrey G. Miller of Sirote & Permutt, P.C., Mobile, for appellant.

J. Cecil Gardner and Allison Kahalley of The Gardner Firm, P.C., Mobile; and Sam Heldman of The Gardner Firm, P.C., Washington, D.C., for appellee.

Lynne R. Thrower, Alabama Department of Postsecondary Education, for amicus curiae Bradley R. Byrne, chancellor of the Alabama Department of Postsecondary Education and the Alabama Community College System, in support of the appellant.

MOORE, Judge.

Bishop State Community College appeals from the decision rendered by hearing officer Thomas G. Humphries on March 28, 2008, overturning the dismissal of its employee, David L. Thomas, pursuant to Ala.Code 1975, § 36-26-104(a), a part of the Fair Dismissal Act ("the FDA"), Ala.Code 1975, § 36-26-101 et seq. We reverse and remand.

Facts

David Thomas has been employed by Bishop State Community College ("the college") since...

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