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STATE EX REL. COMMISSIONER OF INSURANCE v. NORTH CAROLINA RATE BUREAU

No. 596A03.

597 S.E.2d 128 (2004)

358 N.C. 539

STATE of North Carolina ex rel. COMMISSIONER OF INSURANCE v. NORTH CAROLINA RATE BUREAU. In the Matter of the Filing Dated May 1, 2001 by the North Carolina Rate Bureau for Revised Automobile Insurance Rates-Private Passenger Cars and Motorcycles.

Supreme Court of North Carolina.

June 25, 2004.

Attorney(s) appearing for the Case

North Carolina Department of Insurance, by Sherri L. Hubbard and Stewart L. Johnson, Raleigh, for respondent-appellee.

Young Moore and Henderson, P.A., by R. Michael Strickland, William M. Trott, and Marvin M. Spivey, Jr., Raleigh, for petitioner-appellant.

PER CURIAM.

As to the appeal of right based on the dissenting opinion, we affirm the majority decision of the Court of Appeals. We conclude that the petition for discretionary review as to an additional issue was improvidently allowed.

AFFIRMED; DISCRETIONARY REVIEW IMPROVIDENTLY...

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