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SUMMERS v. CITY OF CHARLOTTE

No. 310P01.

552 S.E.2d 633 (2001)

Frank V. SUMMERS; Eleanor M. Summers; Gilbert E. Galle; Pamela N. Galle; Patricia G. Selby Living Trust; Peter M. Duggan; Dr. Lee Ann McGinness; and Dr. Maryrose Turner v. CITY OF CHARLOTTE, North Carolina, a municipal corporation; Southpark Mall Limited Partnership, a North Carolina Limited Partnership; J.B. Ivey & Company, a North Carolina corporation; T.W. Samonds, Jr.; the May Department Stores Company, successor by merger to May Center Associates Corporation, a Missouri corporation; Sears, Roebuck and Co., a New York corporation; Belk, Inc., successor by merger to Belk Charlotte, Inc., a North Carolina corporation; and United States Steel and Carnegie Pension Fund, a Pennsylvania non-profit corporation.

Supreme Court of North Carolina.

July 19, 2001.

Attorney(s) appearing for the Case

Kenneth T. Davies, Charlotte, for Frank V. Summers, et al.

Robert E. Hagemann, Senior Assistant City Attorney, for City of Charlotte.

Andrew S. O'Hara, Jeffrey J. Davis, Jennifer L. Greene, Charlotte, for United States Steel and Carnegie Pension Fund.

Roy H. Michaux, Kiran H. Mehta, Bailey Patrick, Jr., John H. Carmichael, Samuel T. Reaves, Charlotte, for the SouthPark Mall Defendants.

ORDER

Upon consideration of the joint petition filed by Plaintiffs and Defendants in this matter for discretionary review under G.S. 7A-31 prior to a determination by the North Carolina Court of Appeals, 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 19th day of...

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