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TOWN OF CULPEPER v. VIRGINIA ELEC. & POWER CO.

207 S.E.2d 864 (1974)

TOWN OF CULPEPER v. VIRGINIA ELECTRIC AND POWER COMPANY and Northern Piedmont Electric Cooperative, Inc.

Supreme Court of Virginia.

Rehearing denied October 10, 1974.

Attorney(s) appearing for the Case

W. H. Jolly, Salem (Helen M. Jeffries, Town Atty. for Town of Culpeper, Kime, Jolly, Clemens & Canterbury, Salem, on brief), for plaintiff in error.

Evans B. Brasfield, Richmond, D. French Slaughter, Jr., Culpeper (E. Milton Farley, III, T. S. Ellis, III, Hunton, Williams, Gay & Gibson, Richmond, Button, Slaughter & Yeaman, Culpeper, on brief), for defendants in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

HARRISON, Justice.

The question here is whether a franchised public utility operating electric distribution lines and facilities in a specified rural area outside the corporate limits of a town has a right to continue serving its customers after the area is annexed by the town.

Virginia Electric and Power Company and Northern Piedmont Electric Cooperative, Inc., had for a number of years owned and operated electric distribution facilities within that portion...

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