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NANTZ v. EMPLOYMENT SEC. COM'N

No. 7510SC726.

222 S.E.2d 474 (1976)

28 N.C. App. 626

Betty Thorne NANTZ, Petitioner, v. EMPLOYMENT SECURITY COMMISSION of North Carolina and the North Carolina State Board of Personnel, Respondents.

Court of Appeals of North Carolina.

March 3, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. William H. Guy, Raleigh, for the State.

Bailey, Brackett & Brackett, P.A. by Ellis M. Bragg, Charlotte, for petitioner-appellant.

Garland D. Crenshaw, H. D. Harrison, Jr., Howard G. Doyle and Thomas S. Whitaker, Raleigh, for respondent-appellee, Employment Security Commission of North Carolina.

CLARK, Judge.

Plaintiff had no express contract of employment with the State Employment Security Commission; nor was there any applicable statutory provision affecting her job tenure or contractual rights. Under G.S. 96-4 the Director of the Commission had the power to "appoint" her to the job, to fix her compensation, and to prescribe her duties.

Plaintiff contends that her dismissal by the Commission violated her due process rights under the Fourteenth Amendment...

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