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NEUSE RIVER FOUNDATION, INC. v. SMITHFIELD FOODS, INC.

No. 67P03.

577 S.E.2d 628 (2003)

356 N.C. 675

NEUSE RIVER FOUNDATION, INC.; Richard J. Dove; D. Bouton Baldrige, d/b/a the Cape Fear Riverkeeper; New River Foundation, Inc.; Tom Mattison, d/b/a the New Riverkeeper; and the Water Keeper Alliance v. SMITHFIELD FOODS, INC.; Carroll's Foods, Inc.; Brown's of Carolina, Inc.; Murphy Farms, Inc.; Wendell H. Murphy, Sr.; Individually; Wendell H. Murphy, Jr., Individually; and Joseph W. Luter, III. Thomas E. Jones; Bill Harper; Mary Ann Harrison; Natalie Salter Baggett; Don Webb; Charles Rogers Hughes; Craig Crumpler; Sidney Whaley; Margaret Hanrahan Jones; David Lee Jones; Seth Austin Willis; Eric Mark Blettner; Fred Rohde; and Neil Julian Savage v. Smithfield Foods, Inc.; Carroll's Foods, Inc.; Brown's of Carolina, Inc.; Murphy Farms, Inc.; Wendell H. Murphy, Sr.; Individually; Wendell H. Murphy, Jr., Individually; and Joseph W. Luter, III.

Supreme Court of North Carolina.

February 27, 2003.

Attorney(s) appearing for the Case

Burley B. Mitchell, Jr., Douglas B. Abrams, Margaret S. Abrams, Raleigh, for Neuse River Foundation et al.

Richard Cullen, Anne Marie Whittemore, Richmond, VA, Gary J. Rickner, New Bern, J. Phil Carlton, Pinetops, for Smithfield Foods, Inc.

Joseph B. Cheshire, V, Raleigh, for Murphy et al.

Prior report: ___ N.C.App. ___, 574 S.E.2d 48.

ORDER

Upon consideration of the petition filed by Plaintiffs 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 27th day of February...

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