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N.C. ELEC. MEMBERSHIP CORP. v. CAROLINA POWER & LIGHT CO.

Civ. No. C-77-396-G.

780 F.Supp. 322 (1991)

NORTH CAROLINA ELECTRIC MEMBERSHIP CORPORATION; Haywood Electric Membership Corporation; Pitt & Greene Electric Membership Corporation; Four County Electric Membership Corporation; Piedmont Electric Membership Corporation; Halifax Electric Membership Corporation; Randolph Electric Membership Corporation; Harkers Island Electric Membership Corporation; Brunswick Electric Membership Corporation; Jones-Onslow Electric Membership Corporation; French Broad Electric Membership Corporation; Wake Electric Membership Corporation; Tri-County Electric Membership Corporation; Lumbee River Electric Membership Corporation; South River Electric Membership Corporation; Carteret-Craven Electric Membership Corporation; and Central Electric Membership Corporation, Plaintiffs, v. CAROLINA POWER & LIGHT COMPANY, Defendant.

United States District Court, M.D. North Carolina, Greensboro Division.

October 24, 1991.

Attorney(s) appearing for the Case

Thomas J. Bolch, Raleigh, N.C., Kenneth K. Kyre, Edward L. Murrelle, Lindsay R. Davis, Jr., Richard J. Votta, Greensboro, N.C., David A. Leckie, Wallace E. Brand, William S. Morrow, Jr., Sean T. Beeny, Washington, D.C., for plaintiffs.

Richmond G. Bernhardt, Jr., Greensboro, N.C., Linda Daniels, Research Triangle Park, N.C., Charles D. Barham, Jr., H. Ray Starling, Raleigh, N.C., Ray S. Bolze, Kenneth E. Krosin, Wm. Warfield Ross, Washington, D.C., for defendant.

MEMORANDUM OPINION

BULLOCK, District Judge.

There are seventeen (17) Plaintiffs in this case.1 Sixteen (16) are electric distribution cooperatives2 ("EDCs") located mainly in rural areas of North Carolina. The other is the North Carolina Electric Membership Corporation3 ("NCEMC"), a cooperative formed by the Plaintiff EDCs4 — as well...

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