
    BEROTH OIL COMPANY, a North Carolina Corporation v. William H. WHITEHEART d/b/a Whiteheart Outdoor Advertising Company. American Advertising Consultants, Inc. and Skyad, LLC and Darlene Joy Payne v. William H. Whiteheart d/b/a Whiteheart Outdoor Advertising Company.
    No. 575P05.
    Supreme Court of North Carolina.
    June 29, 2006.
    Burley B. Mitchell, Jr., Mark A. Davis, Raleigh, David E. Shives, for William H. Whiteheart.
    Matthew H. Bryant, Timothy Nerhood, Winston-Salem, for Beroth Oil & Am. Ad., et al.
    ORDER
   Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendants on the 11th day of October 2005 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Plaintiffs, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 29th day of June 2006."

Upon consideration of the petition filed on the 11th day of October 2005 by Defendants 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 29th day of June 2006."

Justice MARTIN recused.  