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STATE EX REL. N. M. HIGHWAY DEPT. v. SILVA

No. 5466.

650 P.2d 833 (1982)

98 N.M. 549

STATE of New Mexico, ex rel. NEW MEXICO STATE HIGHWAY DEPARTMENT, Plaintiff-Appellant, v. Carlos J. SILVA, Defendant-Appellee, NEW MEXICO STATE PERSONNEL BOARD, Petitioner-Appellee, v. NEW MEXICO STATE HIGHWAY DEPARTMENT and J.J. Hewett, Chief Highway Administrator, Respondents-Appellants, and Carlos J. Silva, Intervenor-Appellee.

Court of Appeals of New Mexico.

Rehearing Denied August 20, 1982.

Attorney(s) appearing for the Case

Richard L. Russell, Chief Counsel, Richard Ferrary, Asst. Atty. Gen., New Mexico State Highway Dept., Santa Fe, for respondents-appellants.

Jeff Bingaman, Atty. Gen., Deborah A. Moll, Asst. Atty. Gen., Santa Fe, for petitioner-appellee N.M. State Personnel Bd.

Ann Yalman, Santa Fe, for intervenor-appellee.

OPINION

WOOD, Judge.

SHD (New Mexico State Highway Department) dismissed its employee, Silva. This appeal involves the application of the Personnel Act to that dismissal. See §§ 10-9-1 through 10-9-25, N.M.S.A. 1978 (1980 Repl. Pamph.). Silva appealed the dismissal to the Board (Personnel Board). The Board ordered that Silva be reinstated with back pay and benefits. SHD appealed to the district court; it affirmed the Board. SHD then appealed to...

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