STATE v. CITY OF WILSON

No. 235.

114 S.E.2d 786 (1960)

252 N.C. 640

STATE of North Carolina ex rel. NORTH CAROLINA UTILITIES COMMISSION v. CITY OF WILSON and City of Rocky Mount.

Supreme Court of North Carolina.

June 10, 1960.


Attorney(s) appearing for the Case

Malcolm B. Seawell, Atty. Gen., F. Kent Burns, Asst. Atty. Gen., for North Carolina Utilities Commission.

Lucas, Rand & Rose, Wilson, for City of Wilson.

Thorp, Spruill, Thorp & Trotter, Rocky Mount, for City of Rocky Mount.


WINBORNE, Chief Justice.

Decision on this appeal turns upon the answer to this question: Did the Judge of Superior Court err as matters of law in holding that Chapter 685 of the 1959 Session Laws is constitutional and of retroactive effect.

This act is captioned "An Act to validate certain agreements between telephone companies and municipalities and to make provision for future agreements." Sec. 1 of the act provides that "any franchise agreement or other...

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