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HEATHERLY v. STATE

No. 317P06.

639 S.E.2d 649 (2006)

Charles HEATHERLY; Thomas Spampinato; W. Edward Goodall, Jr.; Paul Stam; Wake County Taxpayers Association; and the North Carolina Family Policy Council, Petitioner-Appellants Willis Williams; and North Carolina Common Sense Foundation, Petitioner-Intervenor-Appellants v. STATE of North Carolina; Charles A. Sanders, Bryan E. Beatty, Linda Carlisle, Robert A. Farris, Jr., John R. McArthur, Jim Woodward, and Robert W. Appleton, Members of the North Carolina Lottery Commission, in their official capacity; North Carolina Lottery Commission; Thomas N. Shaheen, Executive Director of the North Carolina Education Lottery, in his official capacity; Michael F. Easley, Governor of the State of North Carolina, in his official capacity; Richard H. Moore, Treasurer of the State of North Carolina, in his official capacity.

Supreme Court of North Carolina.

December 14, 2006.

Attorney(s) appearing for the Case

Robert F. Orr, Raleigh, Jeanette D. Brooks, for Heatherly, et al.

Jack Holtzman, for Willis Williams, et al.

Norma S. Harrell, Ronald M. Marquette, Special Deputy Attorney Generals, for State of NC, et al.

ORDER

Upon consideration of the petition filed by Petitioners and Petitioner Intervenors on the 15th day of June 2006 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 14th day of December...

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