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NORTH CAROLINA RAILROAD COMPANY v. FERGUSON BUILDERS SUPPLY, INC.

No. 309P94.

449 S.E.2d 749 (1994)

337 N.C. 802

NORTH CAROLINA RAILROAD COMPANY, a Corporation v. FERGUSON BUILDERS SUPPLY, INC., a Corporation; Morehead Builders Supply Co., a Corporation; Becker Building Supply Co., a Corporation; Pine State Creamery Company, a Corporation; Mart L. Bell and Sons Paving Contractors, a Corporation; Mart L. Bell, Sr. and his Wife, Mary G. Bell; Wade & Lewis, Inc., a Corporation; Wade & Lewis Heating and Air Conditioning, Inc., a Corporation; Paul W. Lewis and his Wife, Sandra S. Lewis; Wachovia Bank & Trust Company, N.A., Executor of the Estate of George R. Ballou; Wachovia Bank & Trust Company, N.C., Trustee; Mildred H. Ballou; Hobert Kelly and his Wife, Patricia M. Kelly; John Hamad; Bolton Corporation, a Corporation.

Supreme Court of North Carolina.

October 5, 1994.

Attorney(s) appearing for the Case

C.R. Wheatly, Jr., J. Christy Maroules, Beaufort, for N.C. R.R.

Thomas S. Bennett, Samuel A. McConkey, Jr., Morehead City, for Ferguson.

Prior report: 114 N.C. App. 819, 444 S.E.2d 495.

ORDER

Upon consideration of the petition filed by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 5th day of October...

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