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No. 112A01

(Filed 5 October 2001)

    Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 141 N.C. App. 721, 543 S.E.2d 158 (2001), finding error in a judgment entered 16 June 1999 by Cobb, J., in Superior Court, Pender County, and ordering a new trial. Heard in the Supreme Court 12 September 2001.
    Sherman, Smith and Slaughter, P.L.L.C., by L. Bryan Smith, for plaintiff-appellee.

    Poyner & Spruill L.L.P., by Timothy W. Wilson, for defendant-appellant.

    For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed.
    Justice EDMUNDS did not participate in the consideration or decision of this case.

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