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BECKER v. SUNSET CITY

No. 20120320.

309 P.3d 223 (2013)

2013 UT 51

Stewart BECKER, Plaintiff and Appellant, v. SUNSET CITY, Defendant and Appellee.

Supreme Court of Utah.

August 13, 2013.

Attorney(s) appearing for the Case

Jerald D. Conder , Salt Lake City, for petitioner.

Gary L. Johnson , Zachary E. Peterson , Kallie A. Smith , Salt Lake City, Felshaw King, Kaysville, for respondent.

Justice DURHAM, opinion of the Court:

INTRODUCTION

¶ 1 The Sunset City Police Department fired Officer Stewart Becker for reporting for duty under the influence of alcohol. The Sunset City Board of Appeals and the Utah Court of Appeals affirmed the termination decision. We granted certiorari on two issues: (1) whether a portable breath test (PBT) result provided sufficient evidentiary support to uphold Sunset City's decision to terminate Mr. Becker...

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