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STATE v. NEW HOPE ROAD WATER COMPANY

No. 166.

102 S.E.2d 377 (1958)

248 N.C. 27

STATE of North Carolina ex rel. NORTH CAROLINA UTILITIES COMMISSION v. NEW HOPE ROAD WATER COMPANY, and L. L. McLean, d.b.n. McLean Community Water System.

Supreme Court of North Carolina.

March 19, 1958.

Attorney(s) appearing for the Case

George B. Patton, Atty. Gen., F. Kent Burns, Asst. Atty. Gen., for the State, appellant.

Wm. H. Abernathy, Charlotte, Henry Whitesides, Gastonia, for defendant McLean, appellee.

Hugh W. Johnson, Gastonia, for defendant New Hope, appellee.

DENNY, Justice.

The sole question for decision on this appeal is whether or not the respondents are public utilities within the meaning of G.S. § 62-65(e) (2), which reads as follows: "The term `public utility,' when used in this article, includes persons and corporations, or their lessees, trustees and receivers now or hereafter owning or operating in this State equipment or facilities for: * * Diverting, developing, pumping, impounding, distributing or furnishing...

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