
    THE CURRITUCK ASSOCIATES - RESIDENTIAL PARTNERSHIP, a North Carolina general partnership, Plaintiff v. Ray E. HOLLOWELL, Jr., d/b/a Shallowbag Bay Development Company, Defendant v. KITTY HAWK ENTERPRISES, INC., Third-Party Defendant. SHALLOWBAG BAY DEVELOPMENT COMPANY, LLC, Plaintiff v. THE CURRITUCK ASSOCIATES - RESIDENTIAL PARTNERSHIP, Defendant.
    No. 528A04.
    Supreme Court of North Carolina.
    January 31, 2006.
    George R. Ragsdale, Walter L. Tippett, Jr., Raleigh, for Hollowell & Shallowbag Bay Dev.
    J. Nicholas Ellis, Rocky Mount, for Currituck Associates.
    ORDER
   Upon consideration of the petition filed by Plaintiffs and Defendants (Ray E. Hollowell, Jr. and Shallowbag Bay Development Co., LLC) on the 20th day of January 2006 for rehearing of the decision of this Court pursuant to Rule 31, N. C. Rules of Appellate Procedure, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 31st day of January 2006."

Justice MARTIN recused.  