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STATE EX REL. UTIL. COM'N v. PONY EXP., ETC.

No. 8110UC1086.

292 S.E.2d 769 (1982)

STATE of North Carolina, ex rel. UTILITIES COMMISSION, and Commercial Couriers, Inc., (Applicant) v. PONY EXPRESS COURIER CORPORATION.

Court of Appeals of North Carolina.

July 6, 1982.

Attorney(s) appearing for the Case

Kimzey, Smith & McMillan by James M. Kimzey, Raleigh, for protestant-appellant.

Boyce, Morgan, Mitchell, Burns & Smith, P. A. by F. Kent Burns, Raleigh, for applicant-appellee.

BECTON, Judge.

On this appeal of an administrative agency decision, we must determine the scope of appellate review based on the questions presented by the parties. Utilities Commission v. Oil Company, 302 N.C. 14, 21, 273 S.E.2d 232, 236 (1981). The arguments raised by Pony Express are (1) whether the Commission found sufficient facts to support its conclusions; and (2) whether there was competent, material and substantial...

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