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IN THE SUPREME COURT OF NORTH CAROLINA

No. 441A03

FILED: 6 FEBRUARY 2004

ALBEMARLE MENTAL HEALTH CENTER, DEVELOPMENTAL DISABILITIES, SUBSTANCE ABUSE SERVICES, Petitioner, and N.C. COUNCIL OF COMMUNITY MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE PROGRAMS, INC., Petitioner-Intervenor

    v.

N.C. DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE, Respondent

    Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 159 N.C. App. 66, 582 S.E.2d 651 (2003), affirming a judgment entered 24 January 2002 by Judge Stafford Bullock in Superior Court, Wake County. Heard in the Supreme Court 10 December 2003.
    The Twiford Law Firm, by John S. Morrison, for petitioner-appellee; and Poyner & Spruill LLP, by Steven Mansfield Shaber, Thomas R. West, and Pamela A. Scott, for petitioner-intervenor-appellee.

    Roy Cooper, Attorney General, by Grady L. Balentine, Jr., Assistant Attorney General, for respondent- appellant.

    PER CURIAM.

    AFFIRMED.

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