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FLEMING v. PIMA COUNTY

No. 2 CA-CIV 3457.

125 Ariz. 523 (1980)

611 P.2d 110

Forrest C. FLEMING, Plaintiff/Appellant, v. PIMA COUNTY, Arizona, a body politic and corporate; Pima County Board of Supervisors and its members; Bud Walker, Conrad Joyner, Sam Lena, Katie Dusenberry, and David Yetman; Pima County Merit System Commission and its members, Kermit Oestrich, Pat Lopez, Betty Milburn, William McCollum, and Felix Goodwin; Sandy Bowling, an employee of Pima County; Gary Ogg, Pima County Personnel Director; and Harold Hauberg, Deputy Pima County Personnel Director, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 16, 1980.

Review Denied May 6, 1980.

Attorney(s) appearing for the Case

Watt & Cohen by Melvin C. Cohen, Tucson, for appellant.

Stephen D. Neely, Pima County Atty. by John C. Gabroy and Paula G. Davidon, Deputy County Attys., Tucson, for appellees.

OPINION

RICHMOND, Judge.

Forrest C. Fleming appeals from a judgment dismissing his complaint for judicial review of a decision by the Pima County Merit System Commission. The trial court concluded that the commission lacked subject matter jurisdiction in the first instance. We agree that the question of an improper layoff is outside the province of the commission and affirm.

In a letter dated June 17, 1977, Fleming was informed by Sandy Bowling, deputy...

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