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NORTH CAROLINA CONSUM. POW., INC. v. DUKE POWER CO.

No. 7327SC747.

204 S.E.2d 399 (1974)

21 N.C. App. 237

NORTH CAROLINA CONSUMERS POWER, INC. and the City of Shelby, a municipal corporation of the State of North Carolina, Petitioners-Plaintiffs, v. DUKE POWER COMPANY et al., Respondents-Defendants, and Charles R. McBrayer et al., Additional Respondents-Defendants.

Court of Appeals of North Carolina.

Petition to Review Motion Denied October 9, 1973.

Attorney(s) appearing for the Case

Crisp & Bolch by William T. Crisp, Raleigh, Tally & Tally by J. O. Tally, Fayetteville, and Wood, Dawson, Love & Sabatine, New York City, for plaintiff appellees.

Joyner & Howison by R. C. Howison, Jr., Raleigh, Horn, West, Horn & Wray, Shelby, Fleming, Robinson & Bradshaw by Robert W. Bradshaw, Jr., and William I. Ward, Jr., Charlotte, for defendant appellant, Duke Power Co.

Petition to Review Motion by Supreme Court Denied October 9, 1973.

CAMPBELL, Judge.

We are of the opinion that this entire project presently is too ephemeral and that the interest of Shelby is too infinitesimal for the Court to take jurisdiction. In other words, the case does not present a justiciable matter.

Reversed.

HEDRICK, J., concurs.

VAUGHN...

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