#### WAYNE CARSON, Plaintiff v. C. R. MOODY, JIMMY BERRY, and W. C. NELSON, JR., d/b/a NELSON TRACTOR CO., Defendants

No. 430PA90

(Filed 3 April 1991)

ON defendants’ petition for discretionary review of a decision of the Court of Appeals, 99 N.C. App. 724, 394 S.E.2d 194 (1990), which affirmed in part and reversed in part an order entered by Strickland, J., in Superior Court, CHEROKEE County, on 5 September 1989. Heard in the Supreme Court 15 March 1991.

McLean & Dickson, P.A., by Russell L. McLean, III, for plaintiff.

Lacy H. Thornburg, Attorney General of North Carolina, by David F. Hoke, Assistant Attorney General, for defendant Moody.

Michael J. Bowers, Attorney General of Georgia, appearing pro hac vice, by Daryl A. Robinson, Senior Assistant Attorney General, and Eddie Snelling, Jr., Assistant Attorney General, for defendant Berry.

PER CURIAM.

Discretionary review improvidently allowed.