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Randolph M. James, P.C., by Randolph M. James, for plaintiff
Brady, Nordgren, Morton & Malone, PLLC, by Travis K. Morton, for defendant appellee.
Plaintiff Day filed a companion case in Wake County Superior Court and has appealed therefrom in which the facts and legal issues are identical, with the only difference being the named defendants. Therefore, the decision of Day v. Rasmussen, 177 N.C. App. ___, ___ S.E.2d ___ (filed 6 June 2006), is controlling in the instant case, and we therefore
Judges CALABRIA and STEELMAN concur.
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