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STATE EX REL. UTILITIES COM'N v. CAROLINA TEL. & T. CO.

No. 7410UC109.

204 S.E.2d 181 (1974)

21 N.C. App. 251

STATE of North Carolina ex rel. UTILITIES COMMISSION, and Town of Battleboro, North Carolina v. CAROLINA TELEPHONE AND TELEGRAPH COMPANY.

Court of Appeals of North Carolina.

April 17, 1974.

Attorney(s) appearing for the Case

Maurice W. Horne, Asst. Commission Atty., Raleigh, for North Carolina Utilities Commission, appellee.

Joyner & Howison, by R. C. Howison, Jr., Raleigh, and Taylor, Brinson & Aycock, by William W. Aycock, Jr., Tarboro, for Carolina Telephone and Telegraph Co., appellant.

Fountain & Goodwyn, by George A. Goodwyn, Tarboro, for Town of Battleboro, appellee.

MORRIS, Judge.

In speaking to appellant's assignments of error, we will follow the sequence used by it in its brief. Since it first argues its assignment of error No. 4, we will first discuss the question raised by that assignment of error, to wit: Is the Commission's final order dated 20 June 1973, invalid for that it is not a majority order of the Commission as required by N.C.General Statutes § 62-60?

Unquestionably, the only commissioner who was a...

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