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TUTTLE v. PILANT

No. 74055.

890 P.2d 874 (1994)

Doug TUTTLE, Appellee, v. Evalyn PILANT, as Mayor of the City of Bristow, Oklahoma; Mike Newell, as Chief of Police of the City of Bristow, Oklahoma; the Personnel Board of the City of Bristow, Oklahoma, comprised of Everett Morton, Chairman, and Clyde Leforce, Member; and the City of Bristow, Oklahoma, a municipal corporation, Appellants.

Supreme Court of Oklahoma.

December 13, 1994.

Attorney(s) appearing for the Case

Jack B. Sellers, Sapulpa, Kathy Evans Borchardt, Laura Emily Frossard, Tulsa, for appellees.

Shelia D. Tims, R. Brown Wallace, C. Brad Henry, Andrews Davis Legg Bixler Milsten & Price, Oklahoma City, Kelly Hake, City Atty., Bristow, for appellants.

LAVENDER, Vice Chief Judge.

The first issue presented is whether it is within the authority of the district court to examine new evidence regarding back pay and benefits of a terminated employee when the district court was acting under its appellate jurisdiction in reviewing the personnel board's decision to terminate an employee. We hold that the district court was acting as an appellate court under 12 O.S. 1981 § 951...

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