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STATE EX REL. UTIL. COM'N v. SERVICES UNLIMITED, INC.

No. 7010UC427.

176 S.E.2d 870 (1970)

STATE of North Carolina ex rel. UTILITIES COMMISSION and Office Communications Company v. SERVICES UNLIMITED, INC., and Tarheel Association of Radiotelephone Systems, Inc., Appellants.

Court of Appeals of North Carolina.

October 21, 1970.

Attorney(s) appearing for the Case

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

Boyce, Mitchell, Burns & Smith, by F. Kent Burns, Raleigh, for plaintiff-appellee Office Communications Company.

Allen, Steed & Pullen, by Thomas W. Steed, Jr., Raleigh, for defendant-appellant Tarheel Association of Radiotelephone Systems, Inc.

Reynolds & Farmer, by Ted R. Reynolds, Raleigh, for applicant appellant Services Unlimited, Inc.

GRAHAM, Judge.

Appellants set forth in their brief the following as the question to be decided on appeal:

"Did the North Carolina Utilities Commission err in holding that radio paging service as sought by the applicant-appellee is not subject to the regulation of the Utilities Commission and exempt from its jurisdiction?"

A consideration of appellants' question would involve a review of the Commission's original order of 28 July 1969. No appeal was...

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