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STATE EX REL. UTIL. COM'N v. UNION ELECTRIC MEM. CORP.

No. 6810UC395.

164 S.E.2d 889 (1968)

3 N.C. App. 309

STATE of North Carolina ex rel. UTILITIES COMMISSION, and Duke Power Company v. UNION ELECTRIC MEMBERSHIP CORPORATION.

Court of Appeals of North Carolina.

December 31, 1968.

Attorney(s) appearing for the Case

Edward B. Hipp and Larry G. Ford, Raleigh, for North Carolina Utilities Commission.

William I. Ward, Jr., and George W. Ferguson, Jr., Charlotte, for plaintiff appellee, Duke Power Co.

Crisp, Twiggs & Wells, by William T. Crisp and Hugh A. Wells, Raleigh, and Clark & Huffman, by Richard S. Clark, Monroe, for defendant appellant, Union Electric Membership Corp.

BRITT, Judge.

The majority order adopted by the Utilities Commission was based upon the premise that the provisions of G.S. 62-110.2(b) (5) are applicable to the factual situation covered by this case. Said section reads as follows:

"(b) In areas outside of municipalities, electric suppliers shall have rights and be subject to restrictions as follows: * * * * * * (5) Any premises initially requiring electric service after April 20, 1965...

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