
    ATLANTIC AND EAST CAROLINA RAILWAY COMPANY v. WHEATLY OIL CO., INC.
    No. 244P04.
    Supreme Court of North Carolina.
    June 24, 2004.
    C.R. Wheatly, Jr., Beaufort, for Wheatly Oil Co.
    James R. Sugg, New Bern, Arey W. Grady, II, for Atlantic & East Carolina Railway Company.
    ORDER
   Upon consideration of the petition filed on the 24th day of May 2004 by Defendant 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 24th day of June 2004."

Justice WAINWRIGHT recused.  