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SANDERS v. STATE PERSONNEL COM'N

No. COA13-654.

762 S.E.2d 850 (2014)

Lula SANDERS, Cynthia Eure, Angeline McInerny, Joseph C. Mobley, on behalf of themselves and others similarly situated, Plaintiffs, v. STATE PERSONNEL COMMISSION, a body politic; Office of State Personnel, a body politic; Linda Coleman, State Personnel Director (in her official capacity); Teachers' and State Employees' Retirement System of North Carolina, a body politic and corporate; Michael Williamson, Director of the Retirement System Division and Deputy Treasurer of the State of North Carolina (in his official capacity); Janet Cowell, Treasurer of The State of North Carolina and Chairman of The Board of Trustees of the Retirement System (in her official capacity); Temporary Solutions, a subdivision of the Office of State Personnel, and State of North Carolina, Defendants.

Court of Appeals of North Carolina.

September 2, 2014.

Attorney(s) appearing for the Case

Kilpatrick Townsend & Stockton LLP, Winston-Salem, by Adam H. Charnes , James H. Kelly, Jr. , Susan H. Boyles , Richard D. Dietz , and Gregg E. McDougal , and North Carolina Justice Center, by Jack Holtzman , for Plaintiffs.

Attorney General Roy Cooper , by Special Deputy Attorney General Lars F. Nance and Special Deputy Attorney General Charles Gibson Whitehead , for Defendants.

State Employees Association of North Carolina, by Thomas A. Harris , amicus curiae.

DILLON, Judge.

This case was commenced in 2005 and has been on appeal before this Court twice previously. See Sanders v. State Personnel Comm'n, 183 N.C. App. 15, 644 S.E.2d 10 ("Sanders I"), disc. review denied, 361 N.C. 696, 652 S.E.2d 653 (2007); and Sanders v. State Personnel Comm'n, 197 N.C. App. 314, 677 S.E.2d 182

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