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UTILITIES COM'N v. CAROLINA UTILITY CUSTOMERS ASSOCIATION

No. 467A86.

372 S.E.2d 692 (1988)

323 N.C. 238

STATE of North Carolina ex rel. UTILITIES COMMISSION, North Carolina Natural Gas Corporation, and The Public Staff v. CAROLINA UTILITY CUSTOMERS ASSOCIATION, INC., The Aluminum Company of America, and The Cities of Wilson, Rocky Mount, Greenville, and Monroe, North Carolina.

Supreme Court of North Carolina.

October 6, 1988.

Attorney(s) appearing for the Case

McCoy, Weaver, Wiggins, Cleveland & Raper by Donald W. McCoy and Alfred E. Cleveland, Fayetteville, for North Carolina Natural Gas Corp., appellee.

Robert P. Gruber, Executive Director by Antoinette R. Wike, Chief Counsel, and Vickie L. Moir, Staff Atty., Raleigh, for Public Staff—North Carolina Utilities Com'n, intervenor appellee.

Fruitt & Austin by Jerry B. Fruitt, Raleigh, for Carolina Utility Customers Ass'n, Inc., defendant-appellant.

LeBoeuf, Lamb, Leiby & MacRae by Samuel Behrends, IV, Raleigh, for Aluminum Co. of America, intervenor-appellant.

Spiegel & McDiarmid by David R. Straus, Gary J. Newell and Barbara S. Esbin, Washington, D.C., Poyner & Spruill by J. Phil Carlton, Raleigh, for Cities of Wilson, Rocky Mount, Greenville, and Monroe, North Carolina, appellants.

EXUM, Chief Justice.

This is the second appeal in this general rate case. In the first appeal, State ex rel. Utilities Comm. v. N.C. Textile Manufacturers Assoc., Inc., 313 N.C. 215, 328 S.E.2d 264 (1985), we remanded the proceeding to the Commission for further findings and for modification consistent with our opinion. From the Commission's subsequent ORDER the questions presented are whether...

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