Kenneth R. Wooten, New Bern, for McDonald's.

       James C. Gulick, Sp. Deputy Atty. Gen., for State.

       Joseph W. Eason, Denise Smith Cline, A. Bailey Nager, Raleigh, for defendants.

       Prior report: 111 N.C.App. 127, 432 S.E.2d 165.

       ORDER

       Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Plaintiff McDonald's in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by Defendant Dwyer, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Denied by order of the Court in conference, this the 4th day of November 1993."

       Upon consideration of the petition for discretionary review of the decision of the North Carolina Court of Appeals filed by Plaintiff McDonald's pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 4th day of November 1993."

       Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15(g)(2).

       Plaintiff McDonald's shall forthwith submit an appeal bond to this Court, as provided by Appellate Rule 17(b). The bond may be in cash or by a written undertaking with good and sufficient surety in the sum of $250.00.