
    229 La. 126
    W. R. CHADWICK v. DEPARTMENT OF HIGHWAYS, State of Louisiana.
    No. 42522.
    Supreme Court of Louisiana.
    Dec. 12, 1955.
    Rehearing Denied Jan. 16, 1956.
    Breazeale, Sachse & Wilson, Victor A. Sachse, Baton Rouge, for appellants.
    W. Crosby Pegues, Jr., Louis S. Quinn, D. Ross Bannister, Baton Rouge, for ap-pellee, Department of Highways.
    R. B. Walden, Baton Rouge, for Department of State Civil Service, amicus curiae.
   MOISE, Justice.

This appeal is a companion case to that of Jasper N. Morrison v. Department of Highways, State of Louisiana, 229 La. 116, 85 So.2d 51. The two cases were consolidated in this Court for argument.

Appellant, W. R. Chadwick, was discharged from his position with the Department of Highways, State of Louisiana, effective March 31, 1955, under the mandatory provisions of Rule 12.9(b) of the Louisiana State Civil Service Commission. The matter is now before- us for review.

For the reasons assigned in the case of Morrison v. Department of Highways, State of Louisiana, La., 85 So.2d 51, it is ordered that appellant, W. R. Chadwick, having never been legally removed, be entitled to retain his position with all of the emoluments therefrom from the time of removal.

The-ruling of the Civil Service Commission is reversed and set -aside.

HAWTHORNE, -Justice

(dissenting).

For the reasons given in my dissenting opinion in the case of Morrison v. Department of Highways, State of Louisiana, 229 La. 116, 85 So.2d 51, I respectfully dissent.

On Petition for Rehearing

Rehearing denied.

McCALEB, J., dissents.

HAWTHORNE, J., adheres to his dissent on original hearing. 
      
      . 229 La. 116.
     