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MORGAN v. N.C. DEPT. OF TRANSP.

No. COA95-1208.

476 S.E.2d 431 (1996)

R. Stanley MORGAN, and A. Dean Bridges, Petitioners, v. N.C. DEPARTMENT OF TRANSPORTATION, RIGHT OF WAY BRANCH, Respondent.

Court of Appeals of North Carolina.

October 15, 1996.

Attorney(s) appearing for the Case

Pete Bradley, High Point, and David V. Liner, Winston-Salem, for petitioners.

Michael F. Easley, Attorney General by Robert O. Crawford, III, Associate Attorney General and Melanie Lewis Vtipil, Associate Attorney General, for State.

WYNN, Judge.

In early 1994, the North Carolina Department of Transportation (DOT) posted a vacancy notice for the position of area negotiator. Petitioners R. Stanley Morgan and A. Dean Bridges interviewed for the position, but were not selected.

Shortly thereafter, DOT created a new area negotiator position; however, this additional position was not posted because the personnel director determined that the position could be filled from the applicant pool for...

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