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KIRKMEYER v. DEPARTMENT OF LOCAL AFFAIRS

No. 09CA0725.

313 P.3d 562 (2011)

Barbara KIRKMEYER, Plaintiff-Appellant, v. DEPARTMENT OF LOCAL AFFAIRS, State of Colorado and Susan E. Kirkpatrick, Executive Director in her official capacity, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

March 31, 2011.

Attorney(s) appearing for the Case

Frank & Finger P.C., William S. Finger , Evergreen, Colorado, for Plaintiff-Appellant.

John W. Suthers , Attorney General, Stephanie Lindquist Scoville , Senior Assistant Attorney General, Vincent E. Morscher , First Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge WEBB.

Plaintiff, Barbara Kirkmeyer, formerly a state employee serving in the senior executive service (SES), a special pay plan, sought return to a vacant position in the traditional pay plan to which she had been certified, when her most recent annual SES contract expired. She appeals the summary judgment upholding her separation from state employment in favor of defendants, Colorado Department of Local Affairs (DOLA); Susan E. Kirkpatrick, in her...

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