Durbin v. Schneider

This is an original action in mandamus to require the respondent, Tax Commissioner, to restore the 69 relators to positions which have been purportedly abolished. Respondent has filed a general demurrer to the petition.

There is much in the petition which appears to be legally irrelevant or of no significance. There is also apparent confusion between a “layoff” and a “job abolishment.” There are extensive allegations with respect to provisional employees being certified to relators’ positions which would also appear to be immaterial. See State, ex rel. Stine, v. McCaw, Chief of Div. of Aid for…