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

No. 7310UC83.

195 S.E.2d 76 (1973)

17 N.C. App. 522

STATE of North Carolina, ex rel. UTILITIES COMMISSION and Southern Bell Telephone and Telegraph Company, Applicant and The Ervin Company v. TOWN OF PINEVILLE, North Carolina and Pineville Telephone and Electric Company.

Court of Appeals of North Carolina.

Certiorari Denied April 30, 1973.

Attorney(s) appearing for the Case

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

James M. Kimzey, Raleigh, for Southern Bell Telephone & Telegraph Co., appellee.

Cansler, Lockhart & Eller by Thomas R. Eller, Jr., Charlotte, for The Ervin Co., appellee.

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

Certiorari Denied by Supreme Court April 30, 1973.

PARKER, Judge.

G.S. § 62-110 provides as follows:

"§ 62-110. Certificate of convenience and necessity.—No public utility shall hereafter begin the construction of operation of any public utility plant or system or acquire ownership or control thereof, either directly or indirectly, without first obtaining from the Commission a certificate that public convenience and necessity...

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