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BAXTER v. DANNY NICHOLSON, INC.

No. 351PA08.

690 S.E.2d 265 (2010)

Robert BAXTER, Employee v. DANNY NICHOLSON, INC., Employer, Self-Insured (Key Risk Management Services, Servicing Agent).

Supreme Court of North Carolina.

March 12, 2010.

Attorney(s) appearing for the Case

DeVore, Acton & Stafford, P.A., by William D. Acton, Jr., Charlotte, for plaintiff-appellant.

Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., by Shelley W. Coleman, Charlotte, for defendant-appellee. Roy Cooper, Attorney General, by Christopher G. Browning, Jr., Solicitor General, and John F. Maddrey, Assistant Solicitor General, for the State of North Carolina, amicus curiae.

Robert F. Orr and Jeanette K. Doran, Raleigh, for North Carolina Institute for Constitutional Law, amicus curiae.

HUDSON, Justice.

This case presents the question whether the term of an appointed public officer ends immediately upon the appointment of his successor by the governor or when the successor takes the oath of office. We find that the General Assembly answered this question when it enacted N.C.G.S. § 128-7, which provides: "All officers shall continue in their respective offices until their successors are elected or appointed, and duly qualified." Under the plain...

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