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BEST v. DEPT. OF HEALTH AND HUMAN SERVICES

No. COA01-118.

563 S.E.2d 573 (2002)

Yolandra BEST and Roy Hudson, Petitioners, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, John Umstead Hospital, Respondent.

Court of Appeals of North Carolina.

May 7, 2002.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General Richard E. Slipsky, for respondent-appellant.

Grafstein & Walczyk, P.L.L.C., by Lisa Grafstein, Raleigh, and Konrad Schoen, Durham, for petitioner-appellees.

HUDSON, Judge.

Respondent, the Department of Health and Human Resources ("the Department"), appeals an Order entered 24 October 2000 by Judge Abraham Penn Jones in the superior court which reversed and remanded the decision of the State Personnel Commission ("SPC"). For the reasons discussed herein, we affirm the superior court's order.

We begin with a brief summary of the pertinent facts. Petitioners Yolandra Best ("Ms. Best") and Roy Hudson ("Mr. Hudson...

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