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STATE v. FOX

No. 540.

79 S.E.2d 391 (1954)

239 N.C. 253

STATE ex rel. UTILITIES COMMISSION v. FOX.

Supreme Court of North Carolina.

January 15, 1954.

Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., John Hill Paylor, Asst. Atty. Gen., for North Carolina Utilities Commission.

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

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

J. Wilbur Bunn, Raleigh, for Overnite Transp. Co.

Basil L. Whitener, Gastonia, for applicant, Julius M. Fox.

DENNY, Justice.

The North Carolina Truck Act, being Chapter 1008 of the Session Laws of North Carolina 1947, in Section 1 thereof, codified as G.S. § 62-121.5, contains a declaration of policy which reads in pertinent part as follows: "* * * that the transportation of property by motor carriers for compensation over the public highways of the State is a business affected with the public interest; that there has been shown a definite public need for the continuation...

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