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DOMESTIC ELECTRIC SERV., INC. v. CITY OF ROCKY MOUNT

No. 737SC806.

201 S.E.2d 508 (1974)

20 N.C. App. 347

DOMESTIC ELECTRIC SERVICE, INC. v. The CITY OF ROCKY MOUNT and Cokey Apartments, Ltd.

Court of Appeals of North Carolina.

January 9, 1974.

Attorney(s) appearing for the Case

Battle, Winslow, Scott & Wiley by Thomas L. Young, Rocky Mount, for plaintiff-appellant.

Tally & Tally by J. O. Tally, Jr., Fayetteville, and Spruill, Trotter & Lane, Rocky Mount, for defendant-appellees.

BALEY, Judge.

The issue in this case is one of statutory construction. Domestic contends that under G.S. § 62-110.2(b)(8) and (c)(1) it has the exclusive right to provide electricity for all new customers within its assigned territory. Defendants contend that Domestic's right is not exclusive; that G. S. § 62-110.2 is inapplicable to municipalities; and that under G.S. § 160A-312 City has the right to sell electricity to Cokey. G.S. § 62-110.2...

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