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DUKE POWER CO. v. BLUE RIDGE ELEC. MEMBERSHIP CORP.

No. 305.

122 S.E.2d 782 (1961)

256 N.C. 62

DUKE POWER COMPANY and The Town of Hudson v. BLUE RIDGE ELECTRIC MEMBERSHIP CORPORATION.

Supreme Court of North Carolina.

December 13, 1961.

Attorney(s) appearing for the Case

Williams & Whisnant and Claude F. Seila, Lenoir, for defendant appellant.

Townsend & Todd, Lenoir, Carl Horn, Jr., William I. Ward, Jr., Charlotte, and L. H. Wall, Lenoir, for plaintiff appellees.

Wm. T. Crisp, Raleigh, amicus curiae.

RODMAN, Justice.

This action was begun in 1959 to compel defendant to discontinue services to its members residing in Hudson, which although a municipal corporation was a rural area when defendant began furnishing electric service to properties owned or used by its members in Hudson. Hudson joined with Power Co. in seeking to prevent defendant from continuing to provide services to its members and to compel it to remove its lines from the streets of Hudson. Although...

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