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STATE v. COLTER

No. 383.

130 S.E.2d 385 (1963)

259 N.C. 269

STATE of North Carolina ex rel. UTILITIES COMMISSION v. D. J. COLTER and W. E. Chappell, t/a Winston-Salem Bonded Warehouse and Trucking Terminal.

Supreme Court of North Carolina.

April 10, 1963.

Attorney(s) appearing for the Case

York, Boyd & Flynn, by A. W. Flynn, Jr., Greensboro, N. C., for protestants-appellants.

No counsel contra.

HIGGINS, Justice.

The Superior Court held the Commission had committed error in refusing to approve the transfer of Certificate No. 716. The alleged error consisted in the refusal to permit the applicants to introduce evidence tending to establish a convenience and necessity for the contemplated service. At the time the Commission observed that the issue of convenience and necessity had been passed on when the certificate was issued. Counsel thereafter did not offer...

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