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IN THE SUPREME COURT OF NORTH CAROLINA

No. 359A05

FILED: 16 DECEMBER 2005

DAVID NOBLE WATTS, Employee

v.

BORG WARNER AUTOMOTIVE, INC., Employer,

LUMBERMENS MUTUAL CASUALTY COMPANY, Carrier

Appeal pursuant to N.C.G.S. §7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 613 S.E.2d 715 (2005), remanding for further findings of fact an opinion and award filed 4 March 2004 by the North Carolina Industrial Commission. Heard in the Supreme Court 12 December 2005.

Law Office of David Gantt, by David Gantt, for plaintiff-appellee.

Hedrick Eatman Gardner & Kincheloe, LLP, by Hope F. Smelcer and J.A. Gardner, III, for defendant-appellants.

PER CURIAM.

AFFIRMED.