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MYERS v. TOWN OF PLYMOUTH

No. COA99-79.

522 S.E.2d 122 (1999)

Mark D. MYERS, Plaintiff/Appellant, v. TOWN OF PLYMOUTH, Defendant/Appellee.

Court of Appeals of North Carolina.

December 7, 1999.

Attorney(s) appearing for the Case

The Brough Law Firm, by Michael B. Brough, Chapel Hill, for plaintiff.

Cranfill, Sumner & Hartzog, L.L.P., by Patricia L. Holland and Gregory W. Brown, Raleigh, and Rodman, Holscher, Francisco & Peck, by David C. Francisco, Washington, for defendant.

WYNN, Judge.

Under N.C. Gen.Stat. § 160A-147 (1998 Cum.Supp.), municipalities may only hire their town managers in an "at will" capacity. In this case, a fired town manager contends that a provision for severance pay under his employment contract did not negate the "at will" nature of his employment. Since we find an agreement providing severance pay to a town manager does not prohibit the town from terminating the town manager "at will," we conclude that the...

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