Bobby STOTT; Joseph Register; Lonnie Michael Cayton, on behalf of themselves and others similarly situated, Plaintiffs-Appellees,
v.
Howard H. HAWORTH, Individually, Defendant-Appellant, and
James G. Martin, Individually and in his official capacity as Governor of the State of North Carolina, et al., Defendants.
Bobby STOTT; Joseph Register; Lonnie Michael Cayton, on behalf of themselves and others similarly situated, Plaintiffs-Appellees,
v.
James G. MARTIN, Individually and in his official capacity as Governor of the State of North Carolina, et al., Defendants-Appellants, and
Howard H. Haworth, Individually; James S. Lofton, In his official capacity as Secretary of Department of Administration; Grace J. Rohrer, Individually, Defendants.
Bobby STOTT; Joseph Register; Lonnie Michael Cayton, on behalf of themselves and others similarly situated, Plaintiffs-Appellees,
v.
James T. BROYHILL; David T. Flaherty, Defendants-Appellants, and
James G. Martin, Individually and in his official capacity as Governor of the State of North Carolina, et al., Defendants.
Bobby STOTT; Joseph Register; Lonnie Michael Cayton, on behalf of themselves and others similarly situated, Plaintiffs-Appellees,
v.
Howard H. HAWORTH, Individually, Defendant-Appellant, and
James G. Martin, Individually and in his official capacity as Governor of the State of North Carolina, et al., Defendants.
Bobby STOTT; Joseph Register; Lonnie Michael Cayton, on behalf of themselves and others similarly situated, Plaintiffs-Appellants,
v.
James G. MARTIN, individually and in his official capacity as Governor of the State of North Carolina, et al., Defendants-Appellees.
Bobby STOTT; Joseph Register; Lonnie Michael Cayton, on behalf of themselves and others similarly situated, Plaintiffs-Appellees,
v.
James G. MARTIN, Individually and in his official capacity as Governor of the State of North Carolina, et al., Defendants-Appellants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued April 5, 1990.
Decided October 4, 1990.
As Amended October 12, 1990.
As Amended December 20, 1990.
Attorney(s) appearing for the Case
John R. Wester, Robinson, Bradshaw & Hinson, P.A., Charlotte, N.C., argued (David C. Wright, III, Thomas B. Griffith, Robinson, Bradshaw & Hinson, P.A., Charlotte, N.C., Robert B. Byrd, Lawrence D. McMahon, Jr., Sam J. Ervin, IV, Byrd, Byrd, Ervin, Whisnant, McMahon & Ervin, P.A., Morganton, N.C., Arch T. Allen, III, Christopher J. Blake, Moore & Van Allen, Raleigh, N.C., Bynum M. Hunter, Michael A. Gilles, Smith, Helms, Mulliss & Moore, Greensboro, N.C., Lacy H. Thornburg, Atty. Gen., Jean A. Benoy and Isham B. Hudson, Jr., Sr. Deputy Attys. Gen., David Roy Blackwell, James Peeler Smith, Edwin M. Speas, Jr. and Tiare B. Smiley, Sp. Deputy Attys. Gen., Neill S. Fuleihan, Associate Atty. Gen., Sp. Litigation, North Carolina Dept. of Justice, Raleigh, N.C., John J. Burney, Jr., Burney, Burney, Barefoot & Bain, Wilmington, N.C., G. Eugene Boyce, Wallace R. Young, Jr., Womble, Carlyle, Sandridge & Rice, Raleigh, N.C., Wayne P. Huckel, Clarence W. Walker, Lisa Hyman Lane, Kennedy, Covington, Lobdell & Hickman, Charlotte, N.C., John S. Stevens, Elizabeth M. Warren, James W. Williams, Roberts, Stevens & Cogburn, Asheville, N.C., A. Lincoln Sherk, Winston-Salem, N.C., David C. Pishko, Elliot and Pishko, P.A., Winston-Salem, N.C., on brief), for defendants-appellants.
Melinda Lawrence, Donnell Van Noppen, III, argued (Davison M. Douglas, Martha A. Geer, on brief), Smith, Patterson, Follin, Curtis, James, Harkavy & Lawrence, Raleigh, N.C., for plaintiffs-appellees.
Before RUSSELL, WIDENER, and MURNAGHAN, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
DONALD RUSSELL, Circuit Judge:
This controversy arose after the election of James G. Martin as governor of the state of North Carolina. Governor Martin, a Republican, succeeded Governor James M. Hunt, a Democrat. After taking office, Governor Martin and his cabinet officers made numerous personnel changes which resulted, inter alia, in the termination or demotion of government employees that held "exempt" positions as defined by the North Carolina legislature...
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