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IN THE SUPREME COURT OF NORTH CAROLINA

No. 378A03

FILED: 5 DECEMBER 2003

ADAMS KLEEMEIER HAGAN HANNAH & FOUTS, PLLC

v.

ROBERT JACOBS and ELLIOT JACOBS and DAVID QUELLER and IRA BORN

    Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 581 S.E.2d 798 (2003), affirming an order entered 20 March 2002 by Judge L. Todd Burke in Superior Court, Guilford County. Heard in the Supreme Court 19 November 2003.
    Adams Kleemeier Hagan Hannah & Fouts, PLLC, by J. Alexander S. Barrett and J. Scott Hale, for plaintiff-appellant.

    Davis & Harwell, PA, by Fred R. Harwell, Jr. and Loretta C. Biggs, for defendant-appellees Queller and Born.

    PER CURIAM.

    For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.
    REVERSED.
    Justices ORR and EDMUNDS did not participate in the consideration or decision of this case.

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