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CAROLINA POWER & LIGHT COMPANY v. BENNETTSVILLE

No. 24027.

442 S.E.2d 177 (1994)

CAROLINA POWER & LIGHT COMPANY, Appellant, v. CITY OF BENNETTSVILLE and Marlboro Electric Cooperative, Inc., Respondents.

Supreme Court of South Carolina.

Decided March 7, 1994.

Attorney(s) appearing for the Case

Harold W. Jacobs and Edwin H. Cooper, III, both of Nexsen, Pruet, Jacobs & Pollard, Columbia; and Harry R. Easterling, Sr., of Goldberg & Easterling, Bennettsville, for appellant Carolina Power & Light Co.

E. Crosby Lewis and Raymon E. Lark, Jr., both of Belser, Lewis, Rogers & Lark, P.A., Columbia; and William A. Rogers, Bennettsville, for respondent Marlboro Elec. Coop., Inc.

James M. Brailsford, of Robinson, McFadden & Moore, P.C., Columbia; and Ralph L. Kelly, Bennettsville, for respondent City of Bennettsville.

BRISTOW, Acting Associate Justice:

Carolina Power and Light, Inc. (Carolina) contends that the trial judge erred in ruling that the Rural Electric Cooperative Act, S.C.Code Ann. § 33-49-10 to -1330, does not prohibit Marlboro Electric Cooperative, Inc. (Marlboro), from selling electric power to the City of Bennettsville (Bennettsville). We disagree and affirm.

I. FACTS

Bennettsville is a municipal corporation with a population of 9,345...

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