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CAUTHEN v. N.C. DEPT. OF HUMAN RESOURCES

No. 928SC1011.

435 S.E.2d 81 (1993)

112 N.C. App. 238

Sarah CAUTHEN, Petitioner-Appellee, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, Caswell Center, Respondent-Appellant.

Court of Appeals of North Carolina.

October 5, 1993.

Attorney(s) appearing for the Case

Eastern North Carolina Legal Services, Inc. by Wesley Abney, Wilson, for petitioner-appellee.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Diane Martin Pomper, Raleigh, for respondent-appellant.

EAGLES, Judge.

Respondent brings forward two assignments of error. After a careful review of the briefs, transcript, and record, we reverse.

I.

In its first assignment of error, respondent argues that "[t]he trial court erred in its determination that petitioner was a permanent employee with the right to appeal her dismissal." We agree.

In Walker v. N.C. Dept. of Human Resources, 100 N.C. App. 498

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