BEROTH OIL COMPANY v. WHITEHEART, 575P05 (N.C. 6-29-2006)

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendants on the 11th day of October 2005 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Plaintiffs, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

Allowed by order of the Court in conference, this the 29th day of June 2006. Martin, J. recused