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TROTTER v. NC DHHS, PUBLIC HEALTH DEPT.

No. COA07-1035.

659 S.E.2d 749 (2008)

Alma Chinita TROTTER, Petitioner v. NC DEPARTMENT OF HEALTH & HUMAN SERVICES, PUBLIC HEALTH DEPT., Respondent.

Court of Appeals of North Carolina.

April 15, 2008.

Attorney(s) appearing for the Case

Alan McSurely, Chapel Hill, for petitioner-appellee.

Attorney General Roy Cooper, by Assistant Attorney General Kathryn J. Thomas, for respondent-appellant.

TYSON, Judge.

The Public Health Department of the North Carolina Department of Health and Human Services ("DHHS") appeals from order entered by the superior court, which reversed the decision of the State Personnel Commission ("SPC"). We reverse and remand.

I. Background

In the Spring of 2005, sixty-two-year-old Dr. Alma Chinita Trotter ("Dr. Trotter") applied for a full-time Educational Diagnostician II position opening posted by DHHS ("the...

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