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  5. 193 S.E.2d 95 (1972)
 

STATE EX REL. UTILITIES COMMISSION v. CITY OF DURHAM

No. 61.

193 S.E.2d 95 (1972)

282 N.C. 308

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

Supreme Court of North Carolina.

December 13, 1972.

Attorney(s) appearing for the Case

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

Mullen, Holland & Harrell, by J. Mack Holland, Jr., Gastonia, and Boyce, Mitchell, Burns & Smith, by F. Kent Burns, Raleigh, for Public Service Co. of North Carolina.

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

Broughton, Broughton, McConnell & Boxley, by J. Melville Broughton, Jr., Raleigh, for Sanford Brick & Tile Co. et al.

LAKE, Justice.

The judgment of the Court of Appeals is that the order of the Utilities Commission be reversed rather than that the proceedings be remanded to the Commission for further action by it. Thus, its effect is a denial of all rate increases sought by Public Service and the dismissal of the proceedings. Since the rates in question were put into effect subject to the undertaking by Public Service to refund such portions thereof as might not be authorized by...

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