All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.

DUKE ENERGY CORPORATION, a North Carolina Corporation, Tax Identification No. 56-0205520 v. WENDELL COREY MALCOLM and CALLABRIDGE/GRANITE, LLC

    Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 178 N.C. App. ___, 630 S.E.2d 693 (2006), affirming in part and reversing in part a judgment entered 14 December 2004 by Judge James E. Lanning in Superior Court, Mecklenburg County. Heard in the Supreme Court 22 November 2006.
     Parker Poe Adams & Bernstein LLP, by Irvin W. Hankins III and John W. Francisco, for plaintiff-appellee.

    Ferguson, Scarbrough & Hayes, P.A., by James E. Scarbrough, for defendant-appellant Malcolm.

    Kilpatrick Stockton LLP, by James H. Kelly, Jr. and      Noelle E. Wooten, for defendant-appellant Callabridge/Granite, LLC.

    PER CURIAM.

    AFFIRMED.

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