CITY OF DURHAM v. PUBLIC SERVICE CO. OF NO. CAROLINA

No. 674.

126 S.E.2d 315 (1962)

257 N.C. 546

CITY OF DURHAM, a Municipal Corporation, v. PUBLIC SERVICE COMPANY OF NORTH CAROLINA, Inc.

Supreme Court of North Carolina.

July 10, 1962.


Attorney(s) appearing for the Case

Bryant, Lipton, Bryant & Battle, Durham, and Lake, Boyce & Lake, by I. Beverly Lake, Raleigh, for defendant appellant.

Claude V. Jones, Durham, for plaintiff appellee.


PARKER, Justice.

Defendant has not, so far as this record discloses, filed an answer, and yet two-thirds of its brief is taken up with a discussion of what would seem from the briefs to be the ultimate issues when it files its answer, and the answers to which issues will dispose of the case. Defendant in its brief discusses these questions under two headings, which it entitles as follows: One. "The provision in section 10 of the franchise limiting the defendant's...

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