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STATE EX REL. UTILITIES COM'N v. EDMISTEN

No. 144.

232 S.E.2d 200 (1977)

291 N.C. 478

STATE of North Carolina ex rel. UTILITIES COMMISSION and Carolina Power and Light Company v. Rufus L. EDMISTEN, Attorney.

Supreme Court of North Carolina.

January 31, 1977.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by Robert P. Gruber, Sp. Deputy Atty. Gen., Raleigh, for the State.

Edward B. Hipp, Com'n Atty., by Wilson B. Partin, Jr., Asst. Com'n Atty., Raleigh, for N.C. Utilities Com'n.

Joyner & Howison by Robert C. Howison, Jr., and William E. Graham, Jr., Raleigh, for Carolina Power & Light Co.

LAKE, Justice.

For the reasons set forth in State ex rel. Utilities Commission and Duke Power Co. v. Edmisten, Attorney General, supra, the judgment of the Court of Appeals is reversed and this matter is remanded to that court with direction that it issue its judgment further remanding the matter to the North Carolina Utilities Commission for the entry by the Commission of an order vacating its order authorizing the said surcharge, and directing Carolina Power...

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