
    Gail M. MYERS, Ancillary Administratrix of the Estate of Darryl Myers, Plaintiff v. Shirley McGRADY, Thomas W. Higgins, Michael P. Murphy, James F. Foust, William A. Spencer, Jr., and Verian Ladson, Successor Representative for the Estate of J.C. Myers, Jr., Defendants and Shirley McGrady, Thomas W. Higgins, James F. Foust, William A. Spencer, Jr., and Verian Ladson, Successor Representative for the Estate of J.C. Myers, Jr., Third Party Plaintiffs v. N.C. Division of Forest Resources, A Division of N.C. Dept. of Environment and Natural Resources, Third Party Defendant.
    No. 391P04.
    Supreme Court of North Carolina.
    October 6, 2004.
    F. Fincher Jarrell, Charlotte, for Foust & Spencer.
    Richard L. Harrison, Assistant Attorney General, for N.C. Div. of Forest Res.
    Donald R. Strickland, Dirk J. Derrick, Conway, SC, for Gail M. Myers.
    Steven M. Sartorio, Raleigh, for McGrady & Higgins.
    Rodney E. Petty, for Michael P. Murphy.
    Douglas F. Debank, for Jason Chestnut.
    ORDER
   Upon consideration of the petition filed by Appellants (James F. Foust and William A. Spencer, Jr.) on the 6th day of August 2004 in this matter for discretionary review under G.S. 7A-31 prior to a determination by the North Carolina Court of Appeals, 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 6th day of October 2004."  