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STATE EX REL. UTILITIES COM'N v. TAR HEEL INDUSTRIES

No. 8410UC1360.

334 S.E.2d 396 (1985)

STATE of North Carolina, ex rel. UTILITIES COMMISSION and Guignard Freight Lines, Inc., Appellees, v. TAR HEEL INDUSTRIES, INC., Complainant-Appellant, and Rufus L. Edmisten, Attorney General Intervenor.

Court of Appeals of North Carolina.

October 1, 1985.

Attorney(s) appearing for the Case

Bailey, Dixon, Wooten, McDonald, Fountain & Walker by J. Ruffin Bailey, Ralph McDonald, and Carolin Bakewell, for Tar Heel Industries, Inc., Raleigh, complainant-appellant.

Temple & Grimes by G. Henry Temple, Jr., for Guignard Freight Lines, Inc., Raleigh, respondent-appellee.

WHICHARD, Judge.

Review of a Utilities Commission decision is governed by N.C.Gen.Stat. 62-94. The decision is "prima facie just and reasonable." N.C.Gen.Stat. 62-94(e). The reviewing court may reverse or modify only if substantial rights of the appellants have been prejudiced because the Commission's findings, inferences, conclusions or decisions are:

(1) In violation of constitutional provisions, or

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