
    Henry H. SHAVITZ, for himself and others similarly situated v. CITY OF HIGH POINT, a municipal corporation, Electronic Data Systems Corporation, a Corporation doing business in the State of North Carolina, Allen L. Pearson, II, Peek Traffic, Inc., a Corporation doing business in North Carolina, Phil Wylie, Sreekanth Nandagiri, Arnold Koonce, Mayor of the City of High Point, Albert A. Campbell, M. Christopher Whitley, Aaron Lightner, Ronald B. Wilkins, M.C. Rowe, William S. Bencini, Jr., David B. Wall, each members of the High Point City Council, Strib Boynton, City Manager of The City of High Point and The Guilford County Board of Education.
    No. 263P05.
    Supreme Court of North Carolina.
    November 3, 2005.
    Burley B. Mitchell, Jr., Sean E. Andrussier, Raleigh, Gusti W. Frankel, Winston-Salem, for City of High Point.
    Robert J. King, III, Jill R. Wilson, Elizabeth V. LaFollette, Greensboro, for Guilford County Board of Education.
    Andrew L. Romanet, Jr., General Counsel, Gregory F. Schwitzgebel, III, Senior Assistant General Counsel, for NC League of Municipalities.
    ORDER
   Upon consideration of the conditional petition filed on the 31st day of May 2005 by Defendant (Guilford County Board of Education) 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:

"Dismissed as Moot by order of the Court in conference, this the 3rd day of November 2005."  