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POWELL v. NORTH CAROLINA DEPT. OF TRANSP.

No. COA95-1320.

478 S.E.2d 28 (1996)

Betsy Johnson POWELL, Petitioner, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Respondent.

Court of Appeals of North Carolina.

November 19, 1996.

Attorney(s) appearing for the Case

Broughton, Wilkins, Webb & Sugg, P.A. by R. Palmer Sugg, Raleigh, for petitioner-appellee.

Attorney General Michael F. Easley by Special Deputy Attorney General Grayson G. Kelley, Associate Attorney General Robert O. Crawford, III, and Associate Attorney General Melanie Lewis Vtipil, Raleigh, for respondent-appellant.

LEWIS, Judge.

Both this case and a companion case, North Carolina Department of Transportation v. Glenn I. Hodge, Jr., ___ N.C.App. ___, 478 S.E.2d 30 (opinions filed simultaneously), raise the issue of whether the Governor properly designated certain State employee positions as "policymaking" under N.C. Gen.Stat. section 126-5.

Beginning in August 1989, Betsy Johnson Powell was employed by the N.C. Department of...

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