PUBLIC SERVICE COMPANY OF N. C., INC. v. CITY OF SHELBY

No. 163.

115 S.E.2d 12 (1960)

252 N.C. 816

PUBLIC SERVICE COMPANY OF NORTH CAROLINA, INC. v. CITY OF SHELBY.

Supreme Court of North Carolina.

June 30, 1960.


Attorney(s) appearing for the Case

Fletcher & Lake, Raleigh, for plaintiff, appellant.

A. A. Powell, Shelby, and Robinson, Jones & Hewson, Charlotte, for defendant, appellee.


MOORE, Justice.

The parties in their briefs discuss the ultimate issues involved in the action. But these questions have not been adjudicated by the court below and do not properly arise on this appeal. From a careful consideration of the record and the order appealed from it is determined that the sole question now before us is whether or not the court erred in dismissing and vacating the temporary restraining order.

"* * * (i)n order to justify continuing...

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