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STATE v. ATLANTIC COAST LINE R. CO.

No. 90.

69 S.E.2d 502 (1952)

235 N.C. 273

STATE ex rel. UTILITIES COMMISSION v. ATLANTIC COAST LINE R. CO.

Supreme Court of North Carolina.

March 19, 1952.

Attorney(s) appearing for the Case

Atty. Gen. Harry McMullan and Asst. Atty. Gen. John Hill Paylor for plaintiffappellant.

Gardner, Connor & Lee, Wilson, for protestants.

R. E. Browne, III, Wilmington, Murray Allen, Raleigh, Charles Cook Howell, Wilmington, of counsel, for defendant-appellee.

DEVIN, Chief Justice.

The statutes governing procedure before the Utilities Commission prescribe the rules and extent of review on appeal from an order of the Commission. The statute now codified as G.S. § 62-26.10 provides that on such appeal to the Superior Court the review shall be on the record certified by the Commission and heard by the judge without a jury who may reverse or modify the decision of the Commission if substantial rights have been prejudiced...

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