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STATE EX REL. UTILITIES COMMISSION v. SPRINGDALE ESTATES

No. 7910UC783.

265 S.E.2d 647 (1980)

STATE of North Carolina, ex rel. UTILITIES COMMISSION and Springdale Water Company of Raleigh, Inc., Appellees, v. SPRINGDALE ESTATES ASSOCIATION, Intervenor-Appellant.

Court of Appeals of North Carolina.

May 6, 1980.

Attorney(s) appearing for the Case

G. Clark Crampton, Raleigh, for North Carolina Utilities Commission—Public Staff.

Parker, Sink & Powers by Henry H. Sink, and Poyner, Geraghty, Hartsfield & Townsend by David W. Long, Raleigh, for applicant-appellee.

Allen, Steed & Allen by Arch T. Allen, III, and Charles D. Case, Raleigh, for intervenor-appellant.

HARRY C. MARTIN, Judge.

The Utilities Commission and Water Company filed a motion to dismiss this appeal for the reason that the appellant violated the rules concerning the form and contents of assignments of error, arguing that it failed to comply with Rule 10(c) of the North Carolina Rules of Appellate Procedure. This Court found that appellant had violated App.R. 10(c) but nevertheless denied the motion to dismiss under the provisions of App.R. 2, exercising its...

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