HODGE v. NORTH CAROLINA DEPT. OF TRANSP.

No. COA04-1657.

622 S.E.2d 702 (2005)

Glenn I. HODGE, Jr., Plaintiff, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Defendant.

Court of Appeals of North Carolina.

December 20, 2005.


Attorney(s) appearing for the Case

Biggers & Hunter, PLLC, by John C. Hunter, Asheville, for plaintiff-appellant.

Roy A. Cooper, III, Attorney General, by Alexandra M. Hightower, Assistant Attorney General, for the North Carolina Department of Justice Transportation Section.


MARTIN, Chief Judge.

Plaintiff was originally employed by the North Carolina Department of Transportation (DOT) in January 1992 as an internal auditor and was promoted to Chief of the Internal Audit section in May of that year. In May of 1993, the position was reclassified, pursuant to N.C. Gen.Stat. § 126-5(d), as policy making exempt, and plaintiff challenged the reclassification through a contested

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