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BIGELOW v. TOWN OF CHAPEL HILL

No. COA12-1105.

745 S.E.2d 316 (2013)

Kerry BIGELOW & Clyde Clark, Plaintiffs-Appellants, v. TOWN OF CHAPEL HILL & Roger Stancil, in his official capacity as Manager of the Town of Chapel Hill and in his personal capacity, insofar as he was operating outside of his job description, Defendants-Appellees.

Court of Appeals of North Carolina.

May 7, 2013.

Attorney(s) appearing for the Case

Alan McSurely , Chapel Hill, for Plaintiffs-Appellants.

Cranfill Sumner & Hartzog LLP, Raleigh, by Dan M. Hartzog and Dan M. Hartzog, Jr. , for Defendants-Appellees.

McGEE, Judge.

Kerry Bigelow (Bigelow) and Clyde Clark (Clark) (together, Plaintiffs) were fired from their employment as sanitation workers for the Town of Chapel Hill (Chapel Hill) on 29 October 2010. Roger Stancil (Stancil) was Chapel Hill's town manager at that time. During their employment with Chapel Hill, Plaintiffs rode on town garbage trucks and collected refuse from roll-out canisters, as well as yard waste. The firings were based upon findings that Plaintiffs...

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