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STATE v. FARMERS CHEMICAL ASS'N, INC.

No. 7810UC366.

257 S.E.2d 439 (1979)

42 N.C. App. 606

STATE of North Carolina ex rel. UTILITIES COMMISSION, North Carolina Natural Gas Corporation, Applicant, and Aluminum Company of America, Intervenor, v. FARMERS CHEMICAL ASSOCIATION, INC., Petitioner.

Court of Appeals of North Carolina.

August 21, 1979.

Attorney(s) appearing for the Case

Sanford, Cannon, Adams & McCullough by H. Hugh Stevens, Jr., William H. McCullough, and Charles C. Meeker, Raleigh, for petitioner-appellant.

Public Staff North Carolina Utilities Commission by Chief Counsel Jerry B. Fruitt and Robert F. Page, Raleigh, for North Carolina Utilities Commission, appellee.

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

Joyner & Howison by Henry S. Manning, Jr., Raleigh, for Aluminum Company of America, intervenor-appellee.

ERWIN, Judge.

This Court remanded this case on its first appeal with the following instructions:

"In addition to those already discussed, the Commission made no findings and conclusions on the following important issues in the case: 1. Whether on November 6, 1975 Farmers Chemical and NCNG agreed that appellant would accept its fifty-five percent (55%) winter curtailment by operating at full capacity until January 3, 1976, and then closing down completely...

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