#### BARRY K. BUCHELE, M.D. v. PINEHURST SURGICAL CLINIC, P.A.

No. 300A86

(Filed 4 November 1986)

Appeal by defendant pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, reported at 80 N.C. App. 256, 341 S.E. 2d 772 (1986), affirming in part and reversing in part judgment by Albright, J., filed on 25 January 1985 in Superior Court, MOORE County, and remanding the case for further findings. Heard in the Supreme Court 16 October 1986.

Joe McLeod and William L. Senter for plaintiff

Van Camp, Gill Bryan, Webb & Thompson, P.A., by James R. Van Camp and Douglas R. Gill for defendant.

PER CURIAM.

As is implicit in the Court of Appeals opinion, the contract in question is not ambiguous. The decision of the Court of Appeals is

Affirmed.