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STEVENSON v. NORTH CAROLINA DEPT. OF INS.

No. 7610SC680.

229 S.E.2d 209 (1976)

31 N.C. App. 299

E. Alexander STEVENSON, Jr. v. NORTH CAROLINA DEPARTMENT OF INSURANCE and John Randolph Ingram, Commissioner of Insurance.

Court of Appeals of North Carolina.

Certiorari Denied December 21, 1976.

Attorney(s) appearing for the Case

Bailey, Dixon, Wooten, McDonald & Fountain by J. Ruffin Bailey, Ralph McDonald and Richard G. Chaney, Raleigh, for plaintiff-appellee.

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. T. Buie Costen, Raleigh, for defendants-appellants.

Certiorari Denied by Supreme Court December 21, 1976.

BRITT, Judge.

Defendants contend first that the superior court had no authority to enter a stay order of plaintiff's dismissal before the exhaustion of his administrative remedies before the State Personnel Commission. We agree with this contention.

Under G.S. 126-35 of our State Personnel Act, ". . . [t]he employee, if he is not satisfied with the final decision of the head of the department, or...

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