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DUKE POWER CO. v. CITY OF MORGANTON

No. 8725SC1133.

370 S.E.2d 54 (1988)

90 N.C. App. 755

DUKE POWER COMPANY v. CITY OF MORGANTON, a Municipal Corporation.

Court of Appeals of North Carolina.

July 19, 1988.

Attorney(s) appearing for the Case

Duke Power Company Deputy General Counsel W. Edward Poe, Jr., Charlotte, and Patton, Starnes, Thompson, Aycock & Teele by Thomas M. Starnes, Morganton, for plaintiff-appellee.

Poyner & Spruill by Ernie K. Murray, Rocky Mount, and Settlemyer & Hodges by Steve B. Settlemyer, Morganton, for defendant-appellant.

PHILLIPS, Judge.

This dispute is over the right to provide electric service to property in the City of Morganton on which the Bush-Denny automobile dealership is situated. The case is governed by the 1965 Electric Act (G.S. 62-110.2, G.S. 160A-331 to 160A-338), which was enacted at the behest of virtually all the State's suppliers of electric power. Domestic Electric Service, Inc. v. City of Rocky Mount, 285 N.C. 135,

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