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STATE EX REL. UTILITIES COM'N v. THORNBURG

No. 91A85.

334 S.E.2d 772 (1985)

314 N.C. 509

STATE of North Carolina, ex rel. UTILITIES COMMISSION and Hensley Enterprises, Inc. v. Lacy H. THORNBURG, Attorney General.

Supreme Court of North Carolina.

October 1, 1985.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Angeline M. Maletto, Associate Atty. Gen., Raleigh, for the State.

Parker, Sink, Powers, Sink & Potter by Charles F. Powers, III, Raleigh, for applicant-appellee Hensley Enterprises, Inc.

BRANCH, Chief Justice.

The question posed by this appeal is whether Finding of Fact No. 9 and the decision of the Commission are supported by competent, material and substantial evidence in view of the whole record or are arbitrary or capricious. N.C.Gen.Stat. § 62-94(b)(5) and (6) (1982). We find no error in the Commission's Final Order and affirm its decision.

Through Chapter 62 of the General Statutes the legislature has conferred upon the Commission...

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