The petition is treated as a petition pursuant to N.C.G.S. § 7A-31 for discretionary review, prior to a determination by the Court of Appeals, of the judgment of the Superior Court, Watauga County, dated 9 May 1991 and filed 14 May 1991, which denied plaintiff's motion for summary judgment and allowed defendant's cross motion for summary judgment. So treated, the petition is allowed. To the extent, if any, that the petition seeks review of the Court of Appeals denial...
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