The defendant assigns error.
PER CURIAM.
On authority of the decision in the case of Utilities Com. v. Finishing Plant, et al, ante, 416, in which G.S. 62-99 is held unconstitutional, this appeal is dismissed with the right of the appellant to appeal to the Superior Court of Wake County, if so advised, within the time and in the manner set out in the above cited case.
Appeal dismissed.