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STATE v. FOX

No. 532.

73 S.E.2d 464 (1952)

236 N.C. 553

STATE ex rel. UTILITIES COMMISSION v. FOX et al.

Supreme Court of North Carolina.

November 26, 1952.

Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen. and John Hill Paylor, Asst. Atty. Gen., Raleigh, for North Carolina Utilities Commission, plaintiff, appellant.

Arch T. Allen, Raleigh, for Great Southern Trucking Co., appellant, intervenor.

J. Ruffin Bailey, Raleigh, for Fredrickson Motor Express, Helms Motor Express, Inc., and Miller Motor Express, appellants, intervenors.

J. Wilbur Bunn, Raleigh, for Overnite Transportation Co., intervenor.

Basil L. Whitener, Gastonia, for defendant, appellee.

DEVIN, Chief Justice.

The General Assembly has constituted the North Carolina Utilities Commission, for certain enumerated purposes, a court of record, with right of appeal therefrom to the Superior Court, and has prescribed the procedure, scope and extent of review on such appeal. Ch. 989, Session Laws 1949, now codified as G.S. § 62-26.10. The Superior Court is authorized to review the proceedings without a jury, and such review shall be confined to the record...

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