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SOLES v. CITY OF RALEIGH CIVIL SERVICE COMMISSION

No. 280PA95.

480 S.E.2d 685 (1997)

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

Supreme Court of North Carolina.

February 10, 1997.

Attorney(s) appearing for the Case

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

Thomas A. McCormick, City Attorney by Dorothy K. Woodward, Associate City Attorney, for intervenor-appellant.

Edelstein and Payne by M. Travis Payne; and Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, by John W. Gresham, on behalf of North Carolina Civil Liberties Union Legal Foundation, Raleigh Professional Fire Fighters Association, and North Carolina Association of Educators, amici curiae.

LAKE, Justice.

The petitioner, John Soles, was hired by the City of Raleigh ("the City") on 5 April 1984 as an Engineering Aide I, a position Soles held until 13 August 1986, when the City promoted him to Engineering Aide II. On 2 November 1990, Soles traveled to a work site in a City-owned carryall truck with his supervisor, Junious Nichols, and a co-worker, David Smith. When they arrived at the work site, Nichols left the vehicle. Soles and Smith stayed in the truck...

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