STATE EX REL. UTILITIES COMMISSION v. MORGAN


209 S.E.2d 288 (1974)

STATE of North Carolina ex rel. UTILITIES COMMISSION and Carolina Power & Light Company v. Robert MORGAN, Attorney General and N. C. Textile Manufacturers Association, Incorporated.

Supreme Court of North Carolina.

September 24, 1974.


Attorney(s) appearing for the Case

James H. Carson, Jr., Atty. Gen., I. Beverly Lake, Jr., Deputy Atty. Gen., Jerry J. Rutledge, Associate Atty., for the State.

Joyner & Howison, Sherwood H. Smith, Jr., William E. Graham, Jr., for Carolina Power & Light Company.

Edward B. Hipp, Wilson B. Partin, Jr., Jerry B. Fruitt, for North Carolina Utilities Comm.


Petition of the Attorney General for writ of certiorari to review the decision of the Court of Appeals. Denied. Motion of Utilities Commission to dismiss appeal. Allowed.

LAKE, Justice (dissenting).

It is my view that the appeal of the Attorney General in this case presents a substantial question of law, neither heretofore nor now determined by this Court, as to the authority of the Utilities Commission to grant, without a hearing, an interim increase in rates...

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