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STATE EX REL. UTILITIES COM'N v. KENAN TRANSPORT CO.

No. 7110UC30.

179 S.E.2d 799 (1971)

10 N.C. App. 626

STATE of North Carolina, ex rel. UTILITIES COMMISSION and United Limestone Products, Incorporated, Applicant, v. KENAN TRANSPORT COMPANY, East Coast Transport Company, Inc., Petroleum Transportation, Inc., O'Boyle Tank Lines, Inc., Eagle Transport Corporation, Protestants.

Court of Appeals of North Carolina.

March 31, 1971.

Attorney(s) appearing for the Case

Everette L. Wooten, Jr., Kinston, for United Limestone Products, Inc., plaintiff appellee.

Edward B. Hipp and William E. Anderson, Raleigh, for North Carolina Utilities Commission, plaintiff appellee.

Allen, Steed & Pullen by Thomas W. Steed, Jr., Raleigh, for defendant appellants.

BRITT, Judge.

Protestants contend that Limestone failed to meet the statutory criteria and the rules and regulations of the Utilities Commission in its application for a contract carrier permit. We disagree with the contention.

G.S. § 62-262(i) sets forth the criteria to be used by the Utilities Commission in determining whether a permit is to be granted authorizing an applicant to operate as a contract carrier...

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