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GORDON v. N.C. DEPT. OF CORRECTION

No. COA04-1494.

618 S.E.2d 280 (2005)

Gwendolyn L. GORDON, Petitioner, v. NORTH CAROLINA DEPARTMENT OF CORRECTION, Respondent.

Court of Appeals of North Carolina.

September 6, 2005.

Attorney(s) appearing for the Case

Ward and Davis, LLP, by John A.J. Ward and Susan P. Ellis, New Bern, for petitioner-appellee.

Attorney General Roy Cooper, by Assistant Attorney General Neil Dalton, for respondent-appellant.

TYSON, Judge.

The North Carolina Department of Correction (the "DOC") appeals from order reversing the decision of the State Personnel Commission (the "Commission") and affirming the decision of the Administrative Law Judge (the "ALJ"). We affirm.

I. Background

On 17 July 2001, the DOC posted a job opening for Superintendent IV for the Pamlico Correctional Institution. Petitioner Gwendolyn L. Gordon...

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