STATE v. NORTH CAROLINA MOTOR CARRIERS ASS'N

No. 165.

117 S.E.2d 271 (1960)

253 N.C. 432

STATE of North Carolina ex rel. UTILITIES COMMISSION v. NORTH CAROLINA MOTOR CARRIERS ASSOCIATION and the City of Wilmington, North Carolina.

Supreme Court of North Carolina.

November 30, 1960.


Attorney(s) appearing for the Case

Thomas Wade Bruton, Atty. Gen., F. Kent Burns, Asst. Atty. Gen., for the North Carolina Utilities Commission, appellant.

James B. Swails, Cicero P. Yow, Wilmington, for City of Wilmington, appellee.

Allen & Hipp, by Edward B. Hipp, Raleigh, for North Carolina Motor Carriers Ass'n, appellee.


HIGGINS, Justice.

The Commission ordered the inquiry entirely, on its own motion, without any complaint that rates in effect were unfair, unjust, discriminatory, or should be changed. The respondents and interveners, therefore, argue the Commission was without authority to wipe out the rates and tariffs filed by the carriers, approved by the Commission, and accepted by the shippers and all customers after all parties for years had geared their operations, made their...

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