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UNIVERSITY OF NORTH CAROLINA v. SHOEMATE

No. 9210SC251.

437 S.E.2d 892 (1994)

The UNIVERSITY OF NORTH CAROLINA; The University of North Carolina, d/b/a the University of North Carolina Hospitals at Chapel Hill; and the University of North Carolina d/b/a the University of North Carolina at Chapel Hill, Plaintiff, v. Lee Hensley SHOEMATE and Ruby C. Staton, Defendants.

Court of Appeals of North Carolina.

January 4, 1994.

Attorney(s) appearing for the Case

Yates, McLamb & Weyher by Dan J. McLamb, and Barbara B. Weyher, Raleigh, for plaintiff-appellee.

Attorney Gen. Lacy H. Thornburg by Asst. Atty. Gen. J. Charles Waldrup, Chapel Hill, for plaintiff-appellee.

Becton, Slifkin & Fuller, P.A., by Charles L. Becton, Raleigh, for defendant-appellant.

Donald B. Hunt, Raleigh, for defendant-appellant.

Reckford, Gray & VanDerWeert by Glenn E. Gray, Durham, for defendant-appellant.

JOHNSON, Judge.

I.

In 5 January 1989, Shoemate applied for appointment as a resident in psychiatry at UNC-Chapel Hill (UNC). On his application, Shoemate represented that he had received his undergraduate degree from the University of Texas and that he was an M.D./Ph.D. student at Harvard Medical School with an anticipated graduation date of August 1989.

On 10 January 1989, Shoemate was interviewed by four members of the Department of Psychiatry...

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