Colvin v. Division of Employment Security of Department of Labor

Supreme Court of Louisiana

Colvin v. Division of Employment Security of Department of Labor

80 So. 2d 404, 227 La. 774, 1955 La. LEXIS 1293

CourtSupreme Court of Louisiana

DecidedApril 25, 1955

DocketNo. 41833

StatusPublished

Cited by2 cases

This text of 80 So. 2d 404 (Colvin v. Division of Employment Security of Department of Labor) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colvin v. Division of Employment Security of Department of Labor, 80 So. 2d 404, 227 La. 774, 1955 La. LEXIS 1293 (La. 1955).

Pincite

Opinion

PONDER, Justice.

Glenn A. Colvin appeals from a judgment of the Civil Service Commission sustaining his dismissal on the ground that he had submitted a false and fraudulent claim for traveling expenses.

The appeal is based on the failure of the Director of the Division of Employment Security to give prior notice to the Director of Civil Service before terminating the employee Colvin. It is conceded by all parties that such failure of prior notice exists and in a joint motion filed in this court all parties to the litigation concede that the facts and exceptions filed herein are identical with the case of Boucher v. Division of Employment Security of the Department of Labor, 226 La. 227, 75 So.2d 343. We held therein that the dismissal was improper. The same situation presented herein was presented to this court in Anderson v. Division of Employment Security of the Department of Labor, 227 La. 432, 79 So.2d 565. In that case this court said, “The Boucher case is controlling here, and this is recognized by all parties to this appeal by joint motion and stipulation filed in this court.”

For the reasons assigned, it is ordered that the decision of the State Civil Service Commission, sustaining the dismissal of appellant, Glenn A. Colvin, is annulled and set aside.

Free access — add to your briefcase to read the full text and ask questions with AI

PONDER, Justice.

Glenn A. Colvin appeals from a judgment of the Civil Service Commission sustaining his dismissal on the ground that he had submitted a false and fraudulent claim for traveling expenses.

The appeal is based on the failure of the Director of the Division of Employment Security to give prior notice to the Director of Civil Service before terminating the employee Colvin. It is conceded by all parties that such failure of prior notice exists and in a joint motion filed in this court all parties to the litigation concede that the facts and exceptions filed herein are identical with the case of Boucher v. Division of Employment Security of the Department of Labor, 226 La. 227, 75 So.2d 343. We held therein that the dismissal was improper. The same situation presented herein was presented to this court in Anderson v. Division of Employment Security of the Department of Labor, 227 La. 432, 79 So.2d 565. In that case this court said, “The Boucher case is controlling here, and this is recognized by all parties to this appeal by joint motion and stipulation filed in this court.”

For the reasons assigned, it is ordered that the decision of the State Civil Service Commission, sustaining the dismissal of appellant, Glenn A. Colvin, is annulled and set aside.

Cite This Page — Counsel Stack

Bluebook (online)

80 So. 2d 404, 227 La. 774, 1955 La. LEXIS 1293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colvin-v-division-of-employment-security-of-department-of-labor-la-1955.

Opinion

Related

Cite This Page — Counsel Stack