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MATTER OF ALTMAN

No. 8010SC923.

278 S.E.2d 297 (1981)

In the Matter of Hubert Y. ALTMAN.

Court of Appeals of North Carolina.

June 2, 1981.

Attorney(s) appearing for the Case

City Atty. Thomas A. McCormick, Jr., and Asst. City Atty. Francis P. Rasberry, Jr., Raleigh, for petitioner-appellee City of Raleigh.

Poyner, Geraghty, Hartsfield & Townsend by Cecil W. Harrison, Jr., and Johnson, Gamble & Shearon by Samuel H. Johnson, Raleigh, for intervenors-appellees.

Blanchard, Tucker, Twiggs, Denson & Earls by Howard F. Twiggs and Charles H. Mercer, Jr., Raleigh, for respondent-appellant.

HEDRICK, Judge.

We note at the outset that the City has conceded that the evidence presented before the Commission was sufficient to support the Commission's findings and conclusions that the City "discriminated" against Altman "because of his labor affiliations in transferring Captain Altman out of the Fire Prevention Bureau and in stating to Captain Altman that he would not be considered for the position of Fire Marshal of the City of Raleigh."

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