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  5. 621 S.E.2d 179 (2005)
 

DEPT. OF TRANSP. v. M.M. FOWLER, INC.

No. 305PA05.

621 S.E.2d 179 (2005)

360 N.C. 62

DEPARTMENT OF TRANSPORTATION v. M.M. FOWLER, INC.

Supreme Court of North Carolina.

October 6, 2005.

Attorney(s) appearing for the Case

W. Richard Moore, E. Burke Haywood, Special Deputy Attorney General, Richard A. Graham, Assistant Attorney General, for Department of Transportation.

James H. Hughes, for M.M. Fowler, Inc.

ORDER

Upon consideration of the petition filed on the 7th day of June 2005 by the Department of Transportation 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:

"Allowed by order of the Court in conference, this the 6th day of October 2005."

Therefore the case is docketed as...

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