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PROCTOR v. STATE GOVERNMENT OF NORTH CAROLINA, ETC.

No. 81-2138.

689 F.2d 491 (1982)

Janet M. PROCTOR, Appellee, v. The STATE GOVERNMENT OF NORTH CAROLINA, EXECUTIVE BRANCH; The Department of Human Resources of the State of North Carolina; David Flaherty, Secretary of the N.C. Dept. of Human Resources; The Office of State Personnel of the North Carolina Department of Administration; I. O. Wilkerson, Director of the Division of Facility Services, N.C. Department of Human Resources; Edward Seagroves, Analyst, Division of Manpower Management; North Carolina Department of Human Resources, Clark Edwards, Director, Manpower Management Division, N.C. Dept. of Human Resources; Roy High, Section Chief, Office of State Personnel of the N.C. Dept. of Administration, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 16, 1982.

Attorney(s) appearing for the Case

Ann Reed, Sp. Deputy Atty. Gen., Raleigh, N.C. (Robert Hillman, Asst. Atty. Gen., Raleigh, N.C., on brief), for appellant.

Joyce L. Davis, Raleigh, N.C. (Cynthia M. Currin, Crisp, Davis, Schwentker & Page, Robert A. Hassell, Raleigh, N.C., on brief), for appellee.

Before WINTER, Chief Judge, SPROUSE, Circuit Judge, and DOUMAR, District Judge.

HARRISON L. WINTER, Chief Judge:

Defendants appeal from an order interpreting a consent decree and requiring defendants to comply with the decree as construed by the magistrate.1 We conclude that the order must be vacated and the case remanded for further proceedings.

I.

Since 1964 plaintiff has been employed as the administrator of the Student Loan Program, a branch of the Division of Facility Services of the North Carolina...

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