SEN. CIT. CLUBS OF WINSTON-SALEM, ETC. v. DUKE POWER CO.

No. C-C-74-76.

425 F.Supp. 411 (1976)

SENIOR CITIZENS CLUBS OF WINSTON-SALEM, NORTH CAROLINA, et al., Plaintiffs, v. DUKE POWER COMPANY et al., Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

October 5, 1976.


Attorney(s) appearing for the Case

Bertram Ervin Brown, II, Forsyth County Legal Aid Society, Winston-Salem, N. C., for plaintiffs.

Clarence W. Walker, Edgar Love, III, and John M. Murchison, Jr., Kennedy, Covington, Lobdell & Hickman, Charlotte, N. C., for defendants.

Before HAYNSWORTH, Chief Judge, Fourth Circuit, and McMILLAN and WARD, District Judges.


HAYNSWORTH, Chief Judge, Fourth Circuit:

The plaintiffs sought injunctive relief against the implementation of an increase in the power company's rates for electricity. They allege that a North Carolina statute, permitting such increases after the expiration of six months of a suspension period, is unconstitutional insofar as it permits the power company to implement the increase before the conclusion of a full due process hearing as to the reasonableness of the increase...

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