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STATE EX REL. UTIL. COM'N v. SEABOARD COAST LINE RAILROAD CO.

No. 8210UC521.

303 S.E.2d 549 (1983)

STATE of North Carolina ex rel. UTILITIES COMMISSION and the Lumbee Indians of Robeson County of Allenton Community v. SEABOARD COAST LINE RAILROAD COMPANY.

Court of Appeals of North Carolina.

June 21, 1983.

Attorney(s) appearing for the Case

Executive Director of the Public Staff Robert Fischbach by Theodore C. Brown, Jr., Gisele L. Rankin, and Karen E. Long, Raleigh, for appellees.

Maupin, Taylor & Ellis, P.A. by Frank P. Ward, Jr., and M. Keith Kapp; Raleigh Law Department of Seaboard Coast Line Railroad by John T. Alderson, Jr. and Neill W. McArthur, Jacksonville, Fla., and McLean, Stacy, Henry & McLean by Everette L. Henry, Lumberton, for appellant.

WELLS, Judge.

In its first assignment of error, Seaboard contends that the Commission lacks jurisdiction under the laws of North Carolina to consider petitioners' complaint. The heart of Seaboard's argument is that petitioners' complaint addresses a dispute between petitioners and Seaboard which is essentially private in nature, in the nature of a complaint in tort and not related to or within the powers of the Commission to regulate railroads as public utilities...

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