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IN THE SUPREME COURT OF NORTH CAROLINA

No. 368A03

FILED: 6 FEBRUARY 2004

THOMAS C. ODDO

v.

JEFFREY L. PRESSER

    Appeal by plaintiff and defendant pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 158 N.C. App. 360, 581 S.E.2d 123 (2003), reversing in part, finding no error in part, and remanding for a new trial on the issue of compensatory damages a judgment entered 4 May 2001 by Judge Robert P. Johnston in Superior Court, Mecklenburg County. Heard in the Supreme Court 17 November 2003.
    Michelle D. Reingold for plaintiff-appellant and- appellee.

    Maxwell, Freeman & Bowman, P.A., by James B. Maxwell, for defendant-appellant and-appellee.

    PER CURIAM.

    As to the issue of compensatory damages, we reverse the decision of the Court of Appeals for the reasons stated in the dissenting opinion. We affirm the decision of the Court of Appeals as to all remaining issues.
    REVERSED IN PART; AFFIRMED IN PART.

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