Database Search Result Details
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First Name
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CHARLES
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Last Name
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CARPENTER, ET AL.
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Decision Date
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12/8/1989
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Docket Number
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89-H-264
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ALJ
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RW
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Respondent
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DEPARTMENT OF HEALTH
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Employment Type
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STATE
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Job Title
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Topics
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TERMINATION
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Primary Issues
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Hospital closed.
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Outcome
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DENIED
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Statutes
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29-6-10(5)(6); CSS 13.04;29 USC 2101;5F-2-2(d)
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Related Cases
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Keywords
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JURISDICTION
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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This case rejected a claim based on the federal plant closing law. Since actions under this law can be enforced only in federal court it is doubtful whether we have jurisdiction. More importantly, the federal law does not apply to state and local government. The layoff and recall provisions relied on did not become effective until after the layoff. A civil service regulation was found to conflict with a statute. See 297 S.E.2d 212; 292 S.E.2d 650. No violation of 13.04 was proven.
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