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STATE EX REL. N. C. UTILITIES COMM'N v. ATTORNEY GENERAL

No. 6810UC315.

163 S.E.2d 638 (1968)

2 N.C. App. 657

STATE of North Carolina ex rel. NORTH CAROLINA UTILITIES COMMISSION, Motor Carriers participating in North Carolina Motor Carriers Association, Inc., Agent, Motor Freight Tariff No. 8-I, N.C.U.C. No. 81 v. ATTORNEY GENERAL of North Carolina, the Tobacco Association of the United States and Leaf Tobacco Exporters Association.

Court of Appeals of North Carolina.

October 23, 1968.

Attorney(s) appearing for the Case

Thomas Wade Bruton, Atty. Gen., by George A. Goodwyn, Asst. Atty. Gen.

Malcolm B. Seawell and Boyce, Lake & Burns, by F. Kent Burns, Raleigh, for Tobacco Assn. of the United States and Leaf Tobacco Exporters Ass'n, appellants.

Bailey, Dixon & Wooten, by J. Ruffin Bailey, Raleigh, for Motor Carriers, appellees.

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

CAMPBELL, Judge.

The protestants say that the order is improper for four reasons: (1) the Commission failed to find the intrastate operating ratios of the carriers involved and the effect on such ratios of the new rate; (2) there was no competent, material and substantial evidence in view of the entire record to establish a new rate; (3) the Commission compared the new rate with an unregulated interstate rate; (4) the Commission failed to determine operating revenues...

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