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MEDICAL MUTUAL INS., COMPANY OF N. C. v. MAULDIN

No. 222PA00.

543 S.E.2d 478 (2001)

MEDICAL MUTUAL INSURANCE COMPANY OF NORTH CAROLINA v. Gary Eugene MAULDIN, M.D, and Sylva Anesthesiology, P.A.

Supreme Court of North Carolina.

April 6, 2001.

Attorney(s) appearing for the Case

Roberts & Stevens, P.A, by James W. Williams and Gary T. Bruce, Asheville, for plaintiff-appellee.

Wade E. Byrd, Fayetteville; and Van Winkle, Buck, Wall, Starnes & Davis, P.A., by Steven B. Williamson, Asheville, for defendant-appellants.

Clifford Britt, Winston-Salem, of counsel, North Carolina Academy of Trial Lawyers, amicus curiae.

Womble Carlyle Sandridge & Rice, PLLC, by James P. Cooney III, Charlotte, on behalf of the North Carolina Association of Defense Attorneys, amicus curiae.

PER CURIAM.

Justice MARTIN did not participate in the consideration or decision of this case. The remaining members of the Court are equally divided, with three members voting to affirm and three members voting to reverse the decision of the Court of Appeals. Accordingly, the decision of the Court of Appeals is left undisturbed and stands without precedential value.

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