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#26352-a-GAS 2013 S.D. 20 IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA R. SHAWN TORNOW, v. SIOUX FALLS CIVIL SERVICE BOARD and BILL O'TOOLE, CIVIL SERVICE BOARD SECRETARY, **** APPEAL FROM THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT MINNEHAHA COUNTY, SOUTH DAKOTA **** THE HONORABLE ROBERT A. MILLER Justice (Retired), sitting as a circuit court judge **** TIMOTHY R. WHALEN of Lake Andes, South Dakota LISA HANSEN MARSO of Boyce, Greenfield, Pashby & Welk, LLP Sioux Falls, South Dakota Attorney for applicant and appellant. **** Applicant and Appellant,

Respondents and Appellees.

Attorneys for respondents and appellees.

****

CONSIDERED ON BRIEFS ON JANUARY 8, 2013 OPINION FILED 02/27/13

#26352 SEVERSON, Justice. [

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