NATIONAL SERVICE INDUSTRIES, INC.
v.
Helen A. POWERS, Secretary of the North Carolina Department of Revenue.

Newton G. Pritchette, Jr., Asst. Atty. Gen., for defendant.

Petree, Stockton & Robinson, Charlotte, for plaintiff.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant 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 Plaintiff; and upon consideration of the petition for discretionary review of the decision of the North Carolina Court of Appeals, filed by Defendant pursuant to G.S. 7A-31, 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 August 1990."

The Petition for Discretionary Review:

"Denied by order of the Court in conference, this the 29th day of August 1990."