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STATE EX REL. UTILITIES COM'N v. LUMBEE RIVER E.M.C.

No. 17.

166 S.E.2d 663 (1969)

275 N.C. 250

STATE of North Carolina ex rel. UTILITIES COMMISSION, and Carolina Power & Light Company and Acme Electric Corporation and Acme Electric Corporation of Lumberton, North Carolina, Appellees, v. LUMBEE RIVER ELECTRIC MEMBERSHIP CORPORATION, Appellant.

Supreme Court of North Carolina.

April 9, 1969.

Attorney(s) appearing for the Case

Crisp, Twiggs & Wells, Raleigh, for appellant.

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

Sherwood H. Smith, Jr., Charles F. Rouse and W. Reid Thompson, Raleigh, for Carolina Power & Light Co., appellee.

McLean & Stacy, Lumberton, for intervenor appellee.

LAKE, Justice.

Acme desires to purchase from CP&L the electric power it requires for the operation of its manufacturing plant. CP&L desires to sell that power to Acme. They have entered into a contract for such purchase and sale. We are not required to determine whether Acme could compel an unwilling CP&L to serve it.

Lumbee is a customer of CP&L. We are not, however, presently required to determine whether, as such customer, it may bring a...

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