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NORTH CAROLINA DEPT. OF TRANSP. v. HODGE

No. COA95-1329.

478 S.E.2d 30 (1996)

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Petitioner, v. Glenn I. HODGE, Jr., Respondent.

Court of Appeals of North Carolina.

November 19, 1996.

Attorney(s) appearing for the Case

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 petitioner-appellant.

John C. Hunter, Raleigh, for respondent-appellee.

LEWIS, Judge.

Both this case and a companion case, Betsy Johnson Powell v. North Carolina Department of Transportation, ___ N.C. ___, 478 S.E.2d 28 (1996)(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 on 1 January 1992, Glenn I. Hodge, Jr. was employed by the N.C. Department...

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