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SOLES v. CITY OF RALEIGH CIV. SERV. COM'N

No. 9310SC235.

457 S.E.2d 746 (1995)

119 N.C. App. 88

John M. SOLES, Petitioner-Appellee, v. The CITY OF RALEIGH CIVIL SERVICE COMMISSION, Respondent and The City of Raleigh, Intervenor-Appellant.

Court of Appeals of North Carolina.

June 6, 1995.

Attorney(s) appearing for the Case

City Atty. Thomas A. McCormick by Associate City Atty. Lisa Harper Graham, Raleigh, for intervenor-appellant.

Law Offices of Jack B. Crawley, Jr. by Jack B. Crawley, Jr., Raleigh, for petitioner-appellee.

Edelstein & Payne by M. Travis Payne, and North Carolina Civil Liberties Union by William G. Simpson, Jr., Raleigh, appearing as amicus curiae.

JOHN, Judge.

Intervenor-appellant City of Raleigh (the City) appeals a judgment of the superior court finding Raleigh Civil Service Act Rule.0504 (Rule .0504) unconstitutional in having placed upon petitioner-appellee John M. Soles (Soles) the burden of proving his termination from employment with the City was "without justifiable cause." Based upon that determination, the trial court remanded the matter to respondent Raleigh Civil Service Commission (the Commission...

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