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FLEMING v. PIMA COUNTY

No. 2 CA-CIV 4611.

141 Ariz. 167 (1983)

685 P.2d 1319

Forrest FLEMING, Plaintiff/Appellee, v. PIMA COUNTY, Arizona; Pima County Board of Supervisors, E.S. "Bud" Walker, Katie Dusenberry, Conrad Joyner, Sam Lena and David Yetman; Sandy Bowling, an employee of Pima County, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 5, 1983.

Review Granted January 4, 1984.

Attorney(s) appearing for the Case

Watt & Cohen by Melvin C. Cohen, Tucson, for plaintiff/appellee.

Jones, Dickerman, Nuckolls, Edwards & Smith, P.C. by John Gabroy, Tucson, for defendants/appellants.

OPINION

HOWARD, Chief Judge.

In 1977 appellee was the automotive service supervisor in the automotive service department of Pima County. Due to a reorganization of the department he was laid off effective July 1, 1977. He filed suit against the county contending, inter alia, that he was wrongfully terminated since the layoff was a subterfuge to fire him without having to go through the merit system. The trial court agreed and reinstated appellee as a "permanent...

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