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MORGAN v. DUKE POWER COMPANY

No. 7410UC414.

206 S.E.2d 507 (1974)

22 N.C. App. 497

Robert MORGAN, Attorney General v. DUKE POWER COMPANY and State of North Carolina ex rel. Utilities Commission.

Court of Appeals of North Carolina.

July 17, 1974.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. I. Beverly Lake, Jr., and Associate Atty. Gen. Jerry J. Rutledge, Raleigh, for plaintiff appellant.

William H. Grigg, Steve C. Griffith, Jr., Clarence W. Walker and John M. Murchinson, Jr., Charlotte, for defendant appellee Duke Power Co.

Commission Atty. Edward B. Hipp and Associate Commission Atty. John R. Molm, Raleigh, for defendant appellee N. C. Utilities Commission.

HEDRICK, Judge.

Motions to dismiss the Attorney General's appeal as being interlocutory in nature were filed in this Court by both Duke Power Company and the North Carolina Utilities Commission. Furthermore, in the Commission's motion to dismiss it is noted that by order dated 16 April 1974, the Commission reconsidered the application filed by Duke and modified its order of 19 December 1973 to provide "that the coal cost...

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