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STATE v. CITY OF DURHAM

No. 7210UC45.

190 S.E.2d 851 (1972)

STATE of North Carolina ex rel. UTILITIES COMMISSION and Public Service Company of North Carolina v. CITY OF DURHAM et al.

Court of Appeals of North Carolina.

August 30, 1972.

Attorney(s) appearing for the Case

Boyce, Mitchell, Burns & Smith, by F. Kent Burns, Raleigh, for Public Service Co., Inc.

Edward B. Hipp and Maurice W. Horne, Raleigh, for the North Carolina Utilities Comm'n.

Claude V. Jones, Durham, for the City of Durham.

Broughton, Broughton, McConnell & Boxley, by J. Melville Broughton, Jr., Charlotte, for Sanford Brick and Tile Co., Triangle Brick Co., Borden Brick Co., Cherokee Brick Co., Lee Brick and Tile Co., and Chatham Brick and Tile Co.

BROCK, Judge.

This appeal calls for a review of a decision of the North Carolina Utilities Commission in a general rate-making case. See G.S. § 7A-30(3).

Appellants' assignments of error numbers 1, 2, and 5 are sustained. The order appealed from is

Reversed.

HEDRICK and VAUGHN...

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