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STATE v. SOUTHERN RAILWAY COMPANY

No. 532.

150 S.E.2d 337 (1966)

268 N.C. 204

STATE of North Carolina ex rel. NORTH CAROLINA UTILITIES COMMISSION et al. v. The SOUTHERN RAILWAY COMPANY et al.

Supreme Court of North Carolina.

September 28, 1966.

Attorney(s) appearing for the Case

Joyner & Howison by W. T. Joyner, Jr., Maupin, Taylor & Ellis, by Frank W. Bullock, Jr., Simms & Simms, by R. N. Simms, Jr., Raleigh, for defendant appellants, Henry J. Karison, Washington, D. C., Southern Railway System, Charles B. Evans, Jacksonville, Fla., Atlantic Coast Line Railroad Co., James L. Howe III, Richmond, Va., Seaboard Air Line Railroad Co., of counsel.

Thomas Wade Bruton, Atty. Gen., George A. Goodwin, Asst. Atty. Gen., for North Carolina Department of Agriculture.

Edward B. Hipp, Raleigh, for North Carolina Utilities Commission.

Cicero P. Yow, City Atty., Wilmington, by Edward B. Hipp, Raleigh, for City of Wilmington.

Boyce, Lake & Burns, by F. Kent Burns, Raleigh, for F. S. Royster Guano Co., Smith-Douglass Co., Inc., W. R. Grace & Co., V-C Chemical Co., Carolina Nitrogen Co., and Heide Warehouse Co.

Bryant, Lipton, Bryant & Battle, by Victor S. Bryant, Durham, for protestant, The American Tobacco Co.

Albert W. Kennon, Jr., Durham, for protestant appellee, Wm. Muirhead Construction Co., Inc.

PLESS, Justice.

The opinion in this case was filed 25 May, 1966, and is reported in 267 N.C. 317, 148 S.E.2d 210. In apt time defendant Railroads filed a petition to rehear. The petition was allowed solely for the purpose of clarification as set forth below.

Reference is made to these sentences in the opinion: (1) The sentence reading: "The evidence of the railroads shows that an identical...

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