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STATE EX REL. UTIL. COM'N v. NAT. MERCHANDISING

No. 51.

220 S.E.2d 304 (1975)

288 N.C. 715

STATE of North Carolina ex rel. UTILITIES COMMISSION et al., Respondents, v. NATIONAL MERCHANDISING CORPORATION, Complainant.

Supreme Court of North Carolina.

December 17, 1975.

Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter by Bynum M. Hunter and Benjamin F. Davis, Jr., Greensboro, for complainant appellant.

Edward B. Hipp, Commission Atty., Maurice W. Horne, Deputy Commission Atty., and John R. Molm, Associate Commission Atty., Raleigh, for N. C. Utilities Commission.

Jerry W. Amos, Brooks, Pierce, McLendon, Humphrey & Leonard by James T. Williams, Jr., Greensboro, for North State Tel. Co., the Concord Tel. Co. and Lexington Tel. Co.

William C. Fleming, Durham, for Gen. Tel. Co. of the Southeast.

Taylor, Brinson & Aycock by William W. Aycock, Jr., Tarboro, for Carolina Tel. and Tel. Co.

Kimzey, Mackie & Smith by James M. Kimzey, Raleigh, for United Tel. Co. of the Carolinas, Inc.

A. Terry Wood, Hickory, for Cent. Tel. Co.

LAKE, Justice.

The complainant is not a public utility. G.S. 62-3(23). Consequently, its production in another state and distribution in North Carolina of plastic covers for telephone directories, even if not immune to State regulation by reason of the Commerce Clause of the Constitution of the United States, a question not now before us and which we do not decide, are not subject to regulation by the Utilities Commission. G.S. 62-2; G.S. 62-30; G.S. 62-31.

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