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CITY OF ASHEVILLE v. BOWMAN

No. COA04-1546.

616 S.E.2d 669 (2005)

CITY OF ASHEVILLE, a North Carolina Municipal Corporation, Plaintiff, v. Kenneth BOWMAN, Joseph Boerner, Chad Bridges, Christian Brenzel, Charles Burchett, Mark Byrd, Tracy Crowe, Iris Durell, Scott Early, Donald Eberhardt, Henry Fulcher, Stony Gonce, Janice Hawkins, Michael Lamb, John Long II, James Lyda, Steve Riddle, Ronnie Roberson, Charles Sams, Joseph Sorrells, Donald Stout, Diana Stumpf, Stason Tyrell, William Yelton, and The City of Asheville Civil Service Board, Defendants.

Court of Appeals of North Carolina.

August 16, 2005.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes and Davis, P.A., by Michelle Rippon, Asheville, for defendants-appellants.

Curtis W. Euler and William C. Morgan, Jr., Chapel Hill, for plaintiff-appellee.

ELMORE, Judge.

Defendants are employees of the Asheville Police Department (APD) who were hired prior to 1 July 2000 and who hold post-secondary degrees. The dispute between defendants and the City of Asheville arose out of changes that the APD made in its recruitment and hiring policies. On 19 June 2000, APD Chief of Police Will Annarino (Annarino) distributed a memorandum entitled "Changes in Policies and Procedures Regarding...

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