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PEE DEE ELECTRIC MEMBERSHIP CORP. v. CAROLINA POWER & LIGHT CO.

No. 456.

117 S.E.2d 764 (1961)

253 N.C. 610

PEE DEE ELECTRIC MEMBERSHIP CORPORATION v. CAROLINA POWER & LIGHT COMPANY, Original Defendant; and The Town of Rockingham, Beler Dixon and Raymond Treece, Additional Defendants.

Supreme Court of North Carolina.

January 20, 1961.

Attorney(s) appearing for the Case

Branch & Hux, Enfield, W. G. Pittman, Rockingham, and Brock & McLendon, Wadesboro, for plaintiff, appellant.

W. Reid Thompson, A. Y. Arledge, Raleigh, and Bynum & Bynum, Rockingham, for defendant Carolina Power & Light Co., appellee.

A. A. Webb and C. B. Deane, Rockingham, for additional defendant Town of Rockingham, appellee.

Leath & Blount, Rockingham, for additional defendants Dixon and Treece, appellees.

William T. Crisp, Raleigh, for North Carolina Electric Membership Corp., amicus curiæ.

BOBBITT, Justice.

The basic contentions of the respective parties may be stated as follows:

Pee Dee contends: (1) The provisions of Article 8 of the contract of January 5, 1956, are applicable to Knob Hill. (2) In accordance therewith, it is entitled to enjoin the Power Company from serving residences within 300 feet of the distribution lines constructed by Pee Dee prior to January 9, 1957. (3) It is entitled to serve all residences within 300 feet of its...

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