Upon consideration of the petition filed by Appellants (James F. Foust and William A. Spencer, Jr.) on the 6th day of August 2004 in this matter for discretionary review under G.S. 7A-31 prior to a determination by the North Carolina Court of Appeals, 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 6th day of October 2004."