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STATE, ETC. v. BOREN CLAY PRODUCTS CO.

No. 7810UC1029.

269 S.E.2d 234 (1980)

48 N.C. App. 263

STATE of North Carolina ex rel. UTILITIES COMMISSION and Southern Railway Systems and North Carolina Railroads, Southern Territory Rail Carriers (Generally) and Seaboard Coast Line Railroad (Specifically, Respondent Railroads), Appellees, v. BOREN CLAY PRODUCTS COMPANY, Protestant-Intervenor Appellant.

Court of Appeals of North Carolina.

August 19, 1980.

Attorney(s) appearing for the Case

Stern, Rendleman, Isaacson & Klepfer by Robert O. Klepfer, Jr. and Richard L. Gray, Greensboro, for protestant-intervenor appellant.

Joyner & Howison by Edward S. Finley, Jr., Raleigh, for respondent railroads appellees.

PARKER, Judge.

Under G.S. 62-75 the burden of proof at the hearing before the Commission rested upon the respondent railroads to show that the proposed rates were just and reasonable. Utilities Commission v. R.R., 267 N.C. 317, 148 S.E.2d 210 (1966). The Utilities Commission found that respondents had met that burden. Upon this appeal the order of the Commission allowing the rate increase shall...

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