165 Duluth city workers are anxiously awaiting a District Court judge's decision.

City union leaders from AFSCME filed suit late last week to try to stop the city from laying off city employees.

The case came before Judge Eric Hylden Tuesday and LeAnn Wallace was in the court room.

AFSCME's attorney asked Judge Hylden to issue a temporary restraining order to prevent the lay-offs for seven days.

If the judge rules in favor of the restraining order, a full-blown hearing will be held this Friday.

The lawsuit, filed by AFSCME Friday afternoon argues that under the city contract full-time employees cannot be laid off before part time and temporary employees.

"We'd like the court to decide that what the city is doing is wrong and that they need to lay off the part time or temporary employees before they lay off our full time employees."

The city has over 40 employees that work fewer than 14 hours a week.

Mayor Don Ness says the administration is doing everything it can to reduce full time employee layoffs forced by a significant budget deficit.

"It isn't an option for us budget wise to retain those employees, so if the court rules against us in this question, we will be terminating all of our part time employees."

Mayor Ness says some part-time employees are hired as "permanent" part-time employees, and cutting those jobs would cause extraordinary hardships in city services such as park permits, the senior dining program and care of animals at the zoo.

If Judge Hyldren decides not to grant the temporary restraining order, AFSCME's attorney still plans to ask for a temporary injunction.

In Duluth, LeAnn Wallace, The Northlands News Center.

Judge Hylden says he will make a decision within 24 hours.