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STATE v. OLD FORT FINISHING PLANT

No. 526.

142 S.E.2d 8 (1965)

264 N.C. 416

STATE of North Carolina ex rel. NORTH CAROLINA UTILITIES COMMISSION v. OLD FORT FINISHING PLANT, a Division of United Merchants and Manufacturers, Inc. et al. STATE of North Carolina ex rel. NORTH CAROLINA UTILITIES COMMISSION v. The ATTORNEY GENERAL of North Carolina, Intervenor.

Supreme Court of North Carolina.

May 19, 1965.

Attorney(s) appearing for the Case

Edward B. Hipp, Raleigh, for appellee Utilities Commission.

Van Winkle, Walton, Buck & Wall, Asheville, and Lake, Boyce & Lake, Raleigh for appellee Western Carolina Telephone Co.

Atty. Gen. T. W. Bruton, Asst. Atty. Gen. Charles W. Barbee, Jr., and F. Kent Burns, Roxboro, for intervenor and protestants, appellants.

BOBBITT, Justice.

The first question confronting us is whether this Court has jurisdiction to review decisions of the Utilities Commission on direct appeal "without intermediate review in the superior court." Western contends G.S. § 62-99, which purports to authorize such direct appeal and review, is in conflict with Article IV of the Constitution of North Carolina, as amended by the voters in the General Election held November 6, 1962, specifically Sections...

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