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ONE NORTH McDOWELL ASS'N OF UNIT OWNERS, INC. v. McDOWELL DEVELOPMENT CO.

No. 82P94.

445 S.E.2d 36 (1994)

336 N.C. 73

ONE NORTH McDOWELL ASSOCIATION OF UNIT OWNERS, INC.; Peazel Tree Associates, a North Carolina General Partnership; A. Ray Mathis; Samuel M. Millette and Robert G. Sanders, partners; Rodney S. Toth; Arthur S. Long, III, and wife, Cynthia S. Long; Ronald C. Williams; George L. Fitzgerald; W. Thomas Ray and wife, Margaret W. Ray; George Daly and wife, Mary H. Daly; Parker Whedon; and Bart William Shuster v. McDOWELL DEVELOPMENT COMPANY, a North Carolina General Partnership; B.D. Rodgers, Edwin E. Harris, Hugh G. Casey, Jr., and Hal H. Tribble; Rodgers Builders, Inc.; P.C. Godfrey, Inc., and Hal H. Tribble, Architect.

Supreme Court of North Carolina.

April 7, 1994.

Attorney(s) appearing for the Case

James P. Crews, Charlotte, for Godfrey.

Roy H. Michaux, Jr., Charlotte, for One North McDowell, et al.

Harry C. Hewson, Charlotte, for B.D. Rodgers & Rodgers Builders.

R.C. Carmichael, Jr., Charlotte, for McDowell Development, et al.

Prior report: 113 N.C. App. 425, 440 S.E.2d 127.

ORDER

Upon consideration of the petition filed by Defendant Godfrey 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 7th day of...

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