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LUMBEE RIVER ELEC. MEMBERSHIP v. CITY OF FAYETTEVILLE

No. 126PA83.

309 S.E.2d 209 (1983)

LUMBEE RIVER ELECTRIC MEMBERSHIP CORPORATION and North Carolina Electric Membership Corporation v. The CITY OF FAYETTEVILLE, the Public Works Commission of the City of Fayetteville, and Southwest Development Corporation of Cumberland County.

Supreme Court of North Carolina.

December 6, 1983.

Attorney(s) appearing for the Case

Crisp, Davis & Schwenter, William T. Crisp, Joyce L. Davis and Robert F. Page, Raleigh, for plaintiffs-appellees Lumbee River Elec. Membership Corp. and North Carolina Elec. Membership Corp.

Reid, Lewis & Deese by Richard M. Lewis, Jr. and Renny W. Deese, Fayetteville, Spruill, Lane, Carlton, McCotter & Jolly by J. Phil Carlton, Raleigh, for defendants-appellants.

J. Phil Carlton and Ernie K. Murray, Raleigh, for amicus curiae, the Towns of Scotland Neck and Shelby and the Cities of Gastonia, Greenville, Newton and Rocky Mount, North Carolina.

MEYER, Justice.

Before proceeding with the opinion in chief, it is necessary to dispose of a motion in the cause pending before this Court.

On the day of the oral argument before this Court, Fayetteville filed a written motion pursuant to Rule 9(b)(6) of the Rules of Appellate Procedure to amend the record on appeal to include the affidavit of Mr. Claude I. Burkhead, Jr., the City of Fayetteville's chief electrical engineer. The affidavit was attached to Fayetteville...

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