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STATE EX REL. UTILITIES COMMISSION v. GENERAL TEL. CO. OF S.E.

No. 7110U668.

184 S.E.2d 526 (1971)

12 N.C. App. 598

STATE of North Carolina ex rel. UTILITIES COMMISSION, and Robert Morgan, Attorney General, Appellees. v. GENERAL TELEPHONE COMPANY OF the SOUTHEAST and City of Durham, Appellants.

Court of Appeals of North Carolina.

November 17, 1971.

Attorney(s) appearing for the Case

Newsom, Graham, Strayhorn, Hedrick & Murray, by A. H. Graham, Jr., Ward W. Wueste, Jr., Durham, and Power, Jones & Schneider, by John Robert Jones and William R. White, Columbus, Ohio, for General Telephone Co. of the Southeast, appellant.

City Atty. Claude V. Jones, for City of Durham, appellant.

Atty. Gen. Robert Morgan, by Asst. Atty. Gen. Jean A. Benoy, for the Using and Consuming Public, appellee.

Commission Atty. Edward B. Hipp, and Asst. Commission Atty. Maurice W. Horne, Raleigh, for North Carolina Utilities Comm.

PARKER, Judge.

The Commission having determined this to be a general rate case, the provisions of G.S. § 62-133 became applicable and controlled the further proceedings in the case. Subsection (a) of G.S. § 62-133 contains a general direction that in fixing rates "the Commission shall fix such rates as shall be fair both to the public utility and to the consumer." Subsection (b) of G.S. § 62-133 contains...

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