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SIMINGTON v. OKLAHOMA DEPT. OF REHAB. SVCS.

No. 106,820. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

241 P.3d 1144 (2010)

2010 OK CIV APP 108

Kenneth L. SIMINGTON, Plaintiff/Appellee, v. OKLAHOMA DEPARTMENT OF REHABILITATION SERVICES and Oklahoma Merit Protection Commission, Defendants/Appellants.

Court of Civil Appeals of Oklahoma, Division No. 2.

Certiorari Denied October 4, 2010.

Attorney(s) appearing for the Case

Daniel J. Gamino , Daniel J. Gamino & Associates, P.C., Oklahoma City, OK, for Plaintiff/Appellee.

W.A. Drew Edmondson , Attorney General, Richard D. Olderbak , Assistant Attorney General, State of Oklahoma, Oklahoma City, OK, for Defendant/Appellant Oklahoma Department of Rehabilitation Services.

JANE P. WISEMAN, Chief Judge.

¶ 1 The Department of Rehabilitation Services (Department) appeals from an order of the trial court reversing an order of the Oklahoma Merit Protection Commission (MPC) on the issue of attorney fees and costs. The issue confronting us is whether the decision of the MPC is supported by the evidence and applicable law. Our review shows that it is, a conclusion which therefore requires reversal...

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