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STATE EX REL. UTILITIES COM'N v. J. D. McCOTTER, INC.

No. 7210UC542.

192 S.E.2d 629 (1972)

16 N.C. App. 475

STATE of North Carolina ex rel. UTILITIES COMMISSION and Kenosha Auto Transport Corporation, (Applicants), v. J. D. McCOTTER, INC., (Protestant).

Court of Appeals of North Carolina.

November 22, 1972.

Attorney(s) appearing for the Case

Edward B. Hipp, Comm. Atty., and William E. Anderson, Asst. Comm. Atty., for the North Carolina Utilities Comm.

York, Boyd & Flynn by A. W. Flynn, Jr., Greensboro, for applicant-appellee.

Vaughan S. Winborne, Raleigh, for protestant-appellant.

GRAHAM, Judge.

A common carrier by motor vehicle may be defined as a person who is not exempted from regulation under the provisions of G.S. § 62-260, and who holds himself out to the general public to engage in transportation of persons or property for compensation. G.S. § 62-3(7). A contract carrier is a person who is not exempted from regulation under the provision of G.S. § 62-260, and who, under agreement with another person, and with such additional...

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