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PEE DEE ELECTRIC v. CAROLINA POWER & LIGHT CO.

21894

279 S.C. 64 (1983)

301 S.E.2d 761

PEE DEE ELECTRIC COOPERATIVE, INC., Appellant, v. CAROLINA POWER AND LIGHT COMPANY, Respondent.

Supreme Court of South Carolina.

April 5, 1983.

Attorney(s) appearing for the Case

Robert L. Kilgo, Jr., Darlington, and William T. Crisp, Raleigh, N.C., for appellant.

Benny R. Greer, Darlington, for respondent.

April 5, 1983.

HARWELL, Justice:

Appellant initiated this declaratory judgment action to ascertain the constitutionality of S.C. Code Ann. § 58-27-620(2)(4) (1976). The circuit court dismissed the case for lack of a justiciable controversy. We affirm.

Both appellant and respondent furnish electricity in Florence County, appellant as an electric cooperative corporation and respondent as an electric utility corporation. Pursuant to...

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