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CARPENTER v. N.C. DEPT. OF HUMAN RES.

No. 9118SC349.

419 S.E.2d 582 (1992)

107 N.C. App. 278

Tammy CARPENTER, Petitioner/Appellee, v. N.C. DEPT. OF HUMAN RESOURCES, Respondent/Appellant.

Court of Appeals of North Carolina.

August 18, 1992.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. Marilyn A. Bair, Raleigh, for respondent-appellant.

Central Carolina Legal Services, Inc. by Stanley B. Sprague and Sorien Schmidt, Greensboro, for petitioner-appellee.

ORR, Judge.

This case involves the interpretation of a federal regulation by a state agency. The Secretary of Agriculture has interpreted the regulation; however, Federal courts which have reviewed this issue are in disagreement as to whether the interpretation is reasonable and based on a permissible construction of the statute. The State has chosen to follow the Secretary's interpretation of the regulation which is challenged by petitioner.

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