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CANIPE v. ABERCROMBIE

No. 8126SC1128.

293 S.E.2d 647 (1982)

W. E. CANIPE, J. W. Grimes, C. L. Owens, Eugene Rushing, M. F. Barnes and E. O. Brooks v. B. C. ABERCROMBIE, Chief of Police of Mecklenburg County; Lawrence W. Hewitt, Chairman, and W. L. Nahrgang and B. B. DeLaine, Members of the Civil Service Board of Mecklenburg County; D. G. Lutrick and B. M. Johnston.

Court of Appeals of North Carolina.

July 20, 1982.

Attorney(s) appearing for the Case

Charles E. Knox and John S. Freeman, Charlotte, for plaintiffs-appellees.

James O. Cobb and Francis W. Sturges, Charlotte, for defendants-appellants.

VAUGHN, Judge.

Since the parties are in agreement as to the facts, the issue on appeal is whether plaintiffs were entitled to judgment as a matter of law. Brenner v. School House, Ltd., 302 N.C. 207, 274 S.E.2d 206 (1981). Plaintiffs contend that both statute and regulation require that promotions to the position of assistant chief be filled pursuant to competitive examination. We disagree.

We first examine Chapter...

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