Burris, In re, 112
| Decision Date | 24 February 1965 |
| Docket Number | No. 112,112 |
| Court | North Carolina Supreme Court |
| Parties | In re discharge of Rebert C. BURRIS by the City Manager, the Civil Service Commission and the City Council of the City of Asheville. |
W. M. Styles, Asheville, for petitioner-appellant.
O. E. Starnes, Jr., Asheville, for the City of Asheville, respondent-appellee.
William J. Cocke, Asheville, for Civil Service Board of the City of Asheville, respondent-appellee.
Petitioner's assignments of error do not call into question the findings of fact made by the Civil Service Commission or the evidence on which they are based. This appeal presents only the question whether the facts found support Judge Clarkson's conclusions of law. Merrell v. Jenkins, 242 N.C. 636, 89 S.E.2d 242.
The findings of fact unequivocally disclose that petitioner knowingly and deliberately--and at an expenditure of considerable time and effort--brought about a conflict of interest between himself and his employer.
Dieringer v. Meyer, 42 Wis. 311, 313, 24 Am.Rep. 415, 416.
Where an employee deliberately acquires an interest adverse to his employer, he is disloyal, and his discharge is justified. 3 Am.Jur.2d, Agency § 48 (1962).
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