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MATTHEWS v. NORTH CAROLINA DEPT. OF TRANSP.

No. 7710SC271.

242 S.E.2d 653 (1978)

35 N.C. App. 768

Douglas MATTHEWS v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION and G. Perry Greene.

Court of Appeals of North Carolina.

April 4, 1978.

Attorney(s) appearing for the Case

Sanford, Cannon, Adams & McCullough, by H. Hugh Stevens, Jr. and Hugh Cannon, Raleigh, for plaintiff appellee.

Atty. Gen. Rufus L. Edmisten, by Deputy Atty. Gen. William W. Melvin and Associate Atty. David Roy Blackwell, Raleigh, for defendants appellants.

MITCHELL, Judge.

The defendants first contend that, whether the trial court's orders were based upon alleged violations of the plaintiff's rights under the General Statutes of North Carolina or the United States Code, the trial court had no authority to enter orders staying the dismissal of the plaintiff before the exhaustion of his administrative remedies under the State Personnel Act, G.S., Chapter 126 and the Administrative Procedure Act, G.S., Chapter 150A. By...

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