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HOISINGTON v. SMITH

No. 339PA99.

541 S.E.2d 146 (1999)

Walter L. HOISINGTON, as Guardian Ad Litem for Jill Lee Marker, an Incompetent v. Kalvin Michael SMITH, Zaremba Group, Incorporated, ZT-Winston-Salem Associates, Zaremba Associates Limited Partnership, Zaremba Realty Corporation, Toys "R" Us-Delaware, Inc., Winston-Salem Retail Associates Limited Partnership, and the Wackenhut Corporation and Zaremba Group, Incorporated, AT-Winston-Salem Associates, Zaremba Associates Limited Partnership, Zaremba Realty Corporation, Toys "R" Us-Delaware, Inc., and Winston-Salem Retail Associates Limited Partnership v. The Tree Factory, Inc., d/b/a The Silk Plant Forest.

Supreme Court of North Carolina.

November 4, 1999.

Attorney(s) appearing for the Case

Clifford Britt, Winston-Salem, for Hoisington.

Joseph W. Moss, Matthew L. Mason, Greensboro, for ZT-Winston-Salem Associates, Zaremba Associates Limited Partnership, Zaremba Realty Corporation, Toys "R" US-Delaware, Inc. and Winston-Salem Retail Associates Limited Partnership.

Allan R. Gitter, Richard T. Rice, Jack M. Strauch, Winston-Salem, for Wackenhut Corporation.

Paul C. Lawrence, Charlotte, for Tree Factory & Silk Plant.

Prior report: 133 N.C. App. 485, 516 S.E.2d 176.

ORDER

Upon consideration of the petition filed by Defendants-Third Party Plaintiffs in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 4th day of November...

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