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CITY OF HIGH POINT v. DUKE POWER CO.

No. 4759.

120 F.2d 866 (1941)

CITY OF HIGH POINT v. DUKE POWER CO.

Circuit Court of Appeals, Fourth Circuit.

June 10, 1941.

Attorney(s) appearing for the Case

Roy L. Deal, of Winston-Salem, N. C. (G. H. Jones, of High Point, N. C., on the brief), for appellant and cross-appellee.

W. S. O'B. Robinson, Jr., and W. B. McGuire, Jr., both of Charlotte, N. C. (R. M. Robinson, of Greensboro, N. C., on the brief), for appellee and cross-appellant.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

These are cross appeals in an action instituted by the City of High Point, North Carolina, as plaintiff, against the Duke Power Company, as defendant, to recover over-payments alleged to have been made for electric current furnished by defendant to plaintiff between March 1, 1935 and April 23, 1938. Defendant filed counterclaim to recover for current furnished by it to plaintiff following the last named date. The case was heard before the judge...

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