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DURHAM v. STATE OF NORTH CAROLINA

No. 12079.

395 F.2d 58 (1968)

B. E. DURHAM, t/a North Carolina Residential Water Company and Water Company, Inc. of Kannapolis, North Carolina, Appellant, v. STATE OF NORTH CAROLINA, North Carolina Utilities Commission, and Kannapolis Sanitary District, Appellees.

United States Court of Appeals Fourth Circuit.

Decided May 7, 1968.

Attorney(s) appearing for the Case

A. Philip Towsner, Washington, D. C. (Z. V. Morgan, Hamlet, N. C., on brief), for appellant.

George A. Goodwyn, Asst. Atty. Gen. of North Carolina, for appellee State of North Carolina.

Edward B. Hipp, Raleigh, N. C., General Counsel, for appellee North Carolina Utilities Commission.

Beverly C. Moore, Greensboro, N. C. (Bachman S. Brown, Jr., Kannapolis, N. C., Norman B. Smith, Greensboro, N. C., and John Hugh Williams, Concord, N. C., on brief), for appellee Kannapolis Sanitary District.

Before SOBELOFF, BRYAN and CRAVEN, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

Water Company, Inc. of North Carolina and its chief stockholder, B. E. Durham, seek damages of the State, its Utilities Commission, and the Kannapolis Sanitary District for infringement of its franchise. The District Court granted defendants' motions to dismiss and plaintiff has appealed. We affirm.

In 1951, Durham received a certificate of franchise from the Commission entitling him to operate a waterworks and distribution...

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