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STATE EX REL. UTIL. COM'N v. CF INDUSTRIES, INC.

No. 7810UC695.

258 S.E.2d 389 (1979)

43 N.C. App. 219

STATE of North Carolina ex rel. UTILITIES COMMISSION, North Carolina Natural Gas, Applicant, and the Public Staff, Intervenor, Appellees, v. CF INDUSTRIES, INC., Intervenor, Appellant.

Court of Appeals of North Carolina.

October 2, 1979.

Attorney(s) appearing for the Case

Sanford, Adams, McCullough & Beard, by William H. McCullough and Charles C. Meeker, Raleigh, for CF Industries, Inc., appellant.

McCoy, Weaver, Wiggins, Clevelend & Raper, by Donald W. McCoy, Fayetteville, for North Carolina Natural Gas Corp., appellee.

Robert F. Page, Raleigh, for Hugh A. Wells, Executive Director, Public Staff, North Carolina Utilities Commission, appellee.

WEBB, Judge.

The question posed by this appeal is whether the North Carolina Utilities Commission was legally correct in allowing North Carolina Natural Gas to roll forward an undercollection produced by the CTR for the entitlement period ending 31 October 1976 so that it was collected in the entitlement period ending 31 October 1977. The appellee contends that the order of the Commission of 15 February 1977 from which no appeal was taken should determine this case...

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