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TRANSPORTATION CABINET v. CAUDILL

No. 2007-CA-001864-MR.

278 S.W.3d 643 (2009)

TRANSPORTATION CABINET, Commonwealth of Kentucky, Appellant, v. James CAUDILL and Kentucky Personnel Board, Appellees.

Court of Appeals of Kentucky.

February 27, 2009.

Attorney(s) appearing for the Case

Erica L. Keenan, Robert L. Roark, Lexington, KY, for appellant.

Mark A. Sipek, Frankfort, KY, for appellee.

Before STUMBO and THOMPSON, Judges; GUIDUGLI, Senior Judge.

OPINION

THOMPSON, Judge.

The Kentucky Transportation Cabinet (Cabinet) appeals from an order of the Franklin Circuit Court granting the Kentucky Personnel Board's motion to dismiss. For the reasons stated herein, we affirm.

On January 11, 2005, James Caudill, a Highway Equipment Operator IV with the Cabinet, and Tony Todd, a private sector employee, interviewed for the position of Superintendent I with the Cabinet. Following the interview...

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