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IN THE SUPREME COURT OF NORTH CAROLINA
No.  397A99
FILED  3 DECEMBER  1999
JAMES L. FREEMAN, JR.
v.
SUGAR MOUNTAIN RESORT, INC.
Appeal by defendant pursuant to N.C.G.S.  §  7A-30(2)
from the decision of a divided panel of the Court of Appeals,  ___
N.C. App.  ___,  516 S.E.2d  616  (1999), reversing an order for
summary judgment entered by Winner, J., on  2 September  1997 in
Superior Court, Avery County, and remanding for trial.    Heard in
the Supreme Court  15 November  1999.
Campbell & Taylor, by Jason E. Taylor, for plaintiff-
appellee.
Robert E. Riddle, P.A., by Robert E. Riddle, for
defendant-appellant.
PER CURIAM.
For the reasons stated in the dissenting opinion by
Judge Lewis, the decision of the Court of Appeals is reversed and
the case is remanded to the Court of Appeals for further remand
to the Superior Court, Avery County, for reinstatement of its
summary judgment in favor of defendant.
REVERSED AND REMANDED.

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