#### IN THE MATTER OF THE APPLICATION AND CLAIM OF MELVIN C. WALSH, JR., A MEMBER OF THE ASHEVILLE POLICE DEPARTMENT, FOR RETIREMENT FOR DISABILITY WHILE ACTING IN THE LINE OF DUTY

No. 229PA86

(Filed 6 January 1987)

On discretionary review of the decision of the Court of Appeals, 79 N.C. App. 611, 340 S.E. 2d 497 (1986), vacating judgment entered by Lewis, J,, on 25 April 1985 in Superior Court, BUNCOMBE County, and remanding the cause with instructions. Heard in the Supreme Court 9 December 1986.

Roberts, Stevens & Cogburn, P.A., by Max 0. Cogburn, Isaac N. Northup, Jr., and Glenn S. Gentry, for petitioner-appellee.

William F. Slawter and Frank M. Parker, for respondent-appellant, City of Asheville.

PER CURIAM.

Discretionary review improvidently allowed.

Justice WHICHARD did not participate in the consideration or decision of this case.