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STATE v. CAROLINAS COMMITTEE FOR INDUS. POW. RATES

No. 458.

126 S.E.2d 325 (1962)

257 N.C. 560

STATE of North Carolina ex rel. UTILITIES COMMISSION v. CAROLINAS COMMITTEE FOR INDUSTRIAL POWER RATES AND AREA DEVELOPMENT, INC.; Harriet Cotton Mills; Henderson Cotton Mills; Aleo Manufacturing Company; Bladenboro Cotton Mills; Burlington Industries, Inc.; Carolina Bagging Co., a division of Textron, Inc.; Clayton Spinning Company; Hadley Peoples Manufacturing Company; Holt-Williamson Mfg. Co.; Jordan Spinning Company; Ledbetter Manufacturing Company; Liberty Hosiery Mills, Inc.; Little Cotton Manufacturing Company; Peck Manufacturing Company; Collins and Aikman Corporation; Fred Whitaker Company; Pilot Mills Company; Ramseur Inter-Lock Knitting Company; Rockfish Mebane Yarn Mills; Roseboro Spinning Mills Plant; Roxboro Cotton Mills; Royal Cotton Mills Company; Russell Hosiery Mills; Siler City Manufacturing Company, Inc.; Spofford Mills, Inc.; Sterling Cotton Mills, Inc.; Stevens & Company; Tolar, Hart and Holt Mills; Wade Manufacturing Company.

Supreme Court of North Carolina.

July 10, 1962.

Attorney(s) appearing for the Case

Broughton & Broughton and Lake, Boyce & Lake, Raleigh, for appellants.

Joyner & Howison and Shearon Harris, Raleigh, for appellee.

MOORE, Justice.

Protestants contend that the judgment below should be reversed and the cause remanded to the Commission for further proceedings. They maintain that the Commission erred as a matter of law in that it (1) restricted the cause to a "complaint proceeding" when the facts alleged by protestants made a "general rate case" mandatory, (2) refused to admit evidence offered by protestants tending to show an excessive rate of return to Carolina, and (3) made findings...

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