#### NELDA D. COSTNER, Widow of the Deceased and NELDA D. COSTNER, Administratrix of the Estate of AUSTIN F. COSTNER, Deceased, Employee v. A. A. RAMSEY & SONS, INC., Employer; BITUMINOUS INSURANCE COMPANIES, Carrier

No. 412A86

(Filed 6 January 1987)

Appeal and Error § 64— absence of majority vote — Court of Appeals decision undisturbed

Where two members of the Supreme Court did not participate in the consideration or decision of a case, the remaining members of the Court are divided three to two, and there is thus no majority of the Court voting to either affirm or reverse, the decision of the Court of Appeals is left undisturbed and stands without precedential value.

Justices Webb and Which ard did not participate in the consideration or decision of this case.

Appeal by plaintiff-appellant from a decision of a divided panel of the Court of Appeals reported at 81 N.C. App, 121, 343 S.E. 2d 607 (1986), reversing an award of the North Carolina Industrial Commission entered in I.C. File No. 715130 and remanding the case for further order of the Commission. Heard in the Supreme Court 9 December 1986.

Bridges, Bridges & Morgan, P.A., by Forrest Donald Bridges, for plaintiff-appellant.

Caudle & Spears, P.A., by Lloyd C. Caudle and Richard S. Guy, for defendant-appellees.

PER CURIAM.

Justices Webb and Whichard took no part in the consideration or determination of this case. The remaining members of this Court being divided three to two as to the result and thus there being no majority of the Court voting to either affirm or reverse, the decision of the Court of Appeals is left undisturbed and stands without precedential value.

Affirmed.

Justices Webb and Which ARD did not participate in the consideration or decision of this case.