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LOREDO v. CSX TRANSPORTATION, INC.

No. 297A05.

621 S.E.2d 626 (2005)

360 N.C. 65

Reuben LOREDO and J. Frank Wood, Jr. as Guardian Ad Litem of Stacey Jazmine Loredo, and Thomas Berkau as Administrator of the Estate of Henry Loredo, Minor/Deceased, and Amelia Torres, Administratrix of the Estate of Victoria Torres, Plaintiffs v. CSX TRANSPORTATION, INC., Norfolk Southern Corporation, Norfolk Southern Railway Company, D.A. Gilbert, Defendants, Third-Party Plaintiffs v. Amelia Torres as Administratrix of the Estate of Victoria Torres, Family Home & Garden, Inc. (f/k/a Family Farm Supply, Inc.), Walter B. Horne and wife, Janet G. Horne, individually and d/b/a Family Egg Market, Third-Party Defendants.

Supreme Court of North Carolina.

October 6, 2005.

Attorney(s) appearing for the Case

Charles D. Mast, George B. Mast, David F. Mills, Bradley N. Schulz, Smithfield, for Loredo, Wood & Berkau.

W.L. Allen, III, Greenville, Robert E. Ruegger, Raleigh, for Amelia Torres.

Frank J. Gordon, Raleigh, for CSX Transportation, Inc.

Patrick Flanagan, Charlotte, for Family Home & Garden.

ORDER

Upon consideration of the petition for discretionary review, filed by Plaintiffs on the 1st day of June 2005 in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the petition for discretionary review as to additional issues is

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