
    JAMES RIVER EQUIPMENT, INC. v. THARPE'S EXCAVATING, INC., Jeffrey W. Tharpe, Mecklenburg Utilities, Inc. and Orange County Board of Education.
    No. 541P06.
    Supreme Court of North Carolina.
    December 14, 2006.
    Perry R. Safran, Brian J. Schoolman, Raleigh, M. Riana Smith, for Mecklenburg Utilities.
    D. Michael Parker, Hillsborough, for Orange County Bd. of Ed.
    Celie B. Richardson, Durham, Elaine R. Jordan, Richmond, VA, for James River Equipment, Inc.
    Jeffrey W. Tharpe, Trustee, Pro Se.
    Prior report: ___ N.C.App. ___, 634 S.E.2d 548.
    ORDER
   Upon consideration of the petition filed on the 10th day of October 2006 by Defendant (Mecklenburg Utilities) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, 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 14th day of December 2006."  