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KEPHART v. CHEROKEE COUNTY, N.C.

No. 2:98CV94.

52 F.Supp.2d 607 (1999)

Rex KEPHART, Plaintiff, v. CHEROKEE COUNTY, NORTH CAROLINA; Rick Honeycutt, in his individual and official capacities as County Manager; Charles Laney, in his individual and official capacities as former County Commissioner; Eugene Morrow, in his individual and official capacities as County Commissioner; and George Postell, in his individual and official capacities as County Commissioner, Defendants.

United States District Court, W.D. North Carolina, Bryson City Division.

May 12, 1999.

Attorney(s) appearing for the Case

Paul Lewis Bidwell, Asheville, NC, Matthew C. Billips, Zimring, Smith & Billips, Atlanta, GA, for plaintiff.

James B. Spears, Jr., Thomas A. Bright, Haynsworth, Baldwin, Johnson & Greaves, Charlotte, NC, for defendants.

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the Defendants' supplement to their motion for summary judgment filed in accordance with the Memorandum and Order of April 23, 1999. The Plaintiff filed an untimely response which has not been considered.

As noted in the prior Order, two days after learning that his job had been divided into two positions, Plaintiff notified the Defendants he needed...

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