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STATE EX REL. UTILITIES COM'N v. TOWN OF PINEVILLE

No. 7210UC68.

187 S.E.2d 473 (1972)

13 N.C. App. 663

STATE of North Carolina ex rel. UTILITIES COMMISSION et al. v. TOWN OF PINEVILLE, North Carolina and Pineville Telephone Company.

Court of Appeals of North Carolina.

March 29, 1972.

Attorney(s) appearing for the Case

Edward B. Hipp, and Maurice W. Horne, Raleigh, for N. C. Utilities Comm., appellee.

Joyner & Howison by James M. Kimzey, Raleigh, for Southern Bell Telephone and Telegraph Co., appellee.

Broughton, Broughton, McConnell & Boxley by J. Melville Broughton, Jr., J. Mac Boxley, and Charles P. Wilkins, Raleigh, and Kenneth R. Downs, Charlotte, for the Town of Pineville and Pineville Telephone Co., appellant.

MALLARD, Chief Judge.

The Town of Pineville, in Mecklenburg County, is a municipal corporation existing since 1873. See Chapter 41 of the Private Laws of 1873 and Chapter 296 of the Session Laws of 1965. A municipal corporation is specifically excluded from the definition of a public utility under the provisions of G.S. § 62-3(23)d. See also, Dale v. Morganton, 270 N.C. 567, 155 S.E.2d 136 (1967...

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