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IN THE SUPREME COURT OF NORTH CAROLINA
No.  449A97
FILED:  6 MARCH  1998
MARK REGAN
v.
AMERIMARK BUILDING PRODUCTS, INC., CLEM FOX and MICHAEL WLOCK
Appeal by plaintiffs pursuant to N.C.G.S.  §  7A-30(2)
from the decision of a divided panel of the Court of Appeals,  ___
N.C. App.  ___,  489 S.E.2d  421  (1997), affirming the trial court’s
order entered by Barnette, J., on  10 September  1996, in Superior
Court, Wake County, granting summary judgment in favor of
defendants.    Heard in the Supreme Court  18 December  1997.
Glenn, Mills and Fisher, P.A., by Robert B. Glenn, Jr.,
for plaintiff-appellant.
Cranfill, Sumner & Hartzog, L.L.P., by David H. Batten,
for defendant-appellee AmeriMark Building Products; and
Womble, Carlyle, Sandridge & Rice, by David A. Irvin,
for defendants-appellees Clem Fox and Michael Wlock.
PER CURIAM.
Chief Justice Mitchell and Justices Webb, Parker, and
Lake voted to affirm the decision of the Court of Appeals for the
reasons stated in the majority opinion by Walker, J.    Justices
Frye, Whichard, and Orr voted to reverse the decision of the
Court of Appeals for the reasons stated in the dissenting opinion
by Greene, J.    Accordingly, the decision of the Court of Appeals
is affirmed.
AFFIRMED.




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