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NORTH CAROLINA ELEC. v. DUKE POWER CO.

No. 8810SC1340.

381 S.E.2d 896 (1989)

NORTH CAROLINA ELECTRIC MEMBERSHIP CORPORATION, A North Carolina Corporation, Petitioner, v. DUKE POWER COMPANY, A North Carolina Corporation, Respondent.

Court of Appeals of North Carolina.

August 15, 1989.

Attorney(s) appearing for the Case

Moore & Van Allen by Joseph W. Eason and Elizabeth M. Powell, Raleigh, for plaintiff-appellant (petitioner).

Kennedy Covington Lobdell & Hickman by Clarence M. Walker and Myles E. Standish, and Senior Vice President and Gen. Counsel, Steve C. Griffith, Jr., and Deputy Gen. Counsel, Ellen T. Ruff, and Associate Gen. Counsel, Ronald L. Gibson, Charlotte, for defendant-appellee (respondent).

JOHNSON, Judge.

Plaintiff instituted this action on 21 April 1988 by the filing of its complaint which alleged inter alia that defendant was in default under a contract known as the "interconnection agreement" which constitutes part of plaintiff's purchase from defendant of an interest in the Catawaba nuclear generating station. Defendant responded on 15 June by serving a notice of intention to arbitrate issues raised in plaintiff's complaint. The notice also...

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