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EATON CORP. v. PUBLIC SERVICE CO.

No. 8910UC925.

392 S.E.2d 404 (1990)

99 N.C. App. 174

In the Matter of EATON CORPORATION, Post Office Box 1728, Kings Mountain North Carolina 28086, Claimant, v. PUBLIC SERVICE COMPANY OF NORTH CAROLINA, Respondent.

Court of Appeals of North Carolina.

June 19, 1990.

Attorney(s) appearing for the Case

North Carolina Utilities Com'n—Public Staff Legal Div. by Staff Atty. David T. Drooz, Raleigh, for claimant-appellant.

Stott, Hollowell, Palmer & Windham by James C. Windham, Jr., Gastonia, for claimant-appellant.

Burns, Day & Presnell, P.A. by F. Kent Burns, for respondent-appellee.

SARAH ELIZABETH PARKER, Judge.

Claimant brings forward two assignments of error on appeal. First claimant contends the Utilities Commission erred in concluding that the two-year statute of limitations in G.S. 62-132 applies to this case. Claimant argues that the proper statute of limitations is found in G.S. 1-52(9). Second claimant contends the Commission erred in applying the two-year statute of limitations when that...

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