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STATE EX REL. UTILITIES COM'N v. BIRD OIL

No. 50.

273 S.E.2d 232 (1981)

STATE of North Carolina ex rel. UTILITIES COMMISSION, Kenan Transport Company and North Carolina Motor Carriers Association, Inc., Agent for Motor Common Carriers v. BIRD OIL COMPANY et al.

Supreme Court of North Carolina.

January 6, 1981.

Attorney(s) appearing for the Case

Allen, Steed & Allen, P. A., by Thomas W. Steed, Jr., and Joseph W. Eason, Raleigh, for plaintiffs-appellants Kenan Transport Co. and North Carolina Motor Carriers Ass'n, Inc., Agent.

Hatch, Little, Bunn, Jones, Few & Berry by David H. Permar, Raleigh, for protestants-appellees.

CARLTON, Justice.

I.

On 17 April 1963 the North Carolina Motor Carriers Association, Inc., agent for carriers of petroleum products participating in the Motor Freight Tariff, filed with the North Carolina Utilities Commission a Supplement to the then-existing tariff. The supplement established "Dedicated Service" rates which essentially provided for a fifteen percent lower rate for intrastate shipments of gasoline, kerosene, jet fuel, diesel fuel oil No...

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