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SOUTH RIVER ELEC. MEMBERSHIP CORP. v. CITY OF FAYETTEVILLE

No. 9212SC1172.

438 S.E.2d 464 (1994)

SOUTH RIVER ELECTRIC MEMBERSHIP CORPORATION and North Carolina Electric Membership Corporation, v. The CITY OF FAYETTEVILLE, Public Works Commission of the City of Fayetteville and Maidenform, Inc.

Court of Appeals of North Carolina.

January 18, 1994.

Attorney(s) appearing for the Case

Robert H. Jones, Dunn, for plaintiff-appellant South River Elec. Membership Corp., and Thomas J. Bolch, Raleigh, for plaintiffappellant North Carolina Elec. Membership Corp.

Reid, Lewis, Deese & Nance by Renny W. Deese and Richard M. Lewis, Jr., Fayetteville, for defendant-appellees The City of Fayetteville and Public Works Com'n of the City of Fayetteville.

R. Joyce Garrett, Burlington, for defendant-appellee Maidenform, Inc.

McCRODDEN, Judge.

The sole issue on appeal is whether the extension of electric service by PWC, not an "electric supplier," to a site the North Carolina Utilities Commission (Utilities Commission) had assigned to an electric supplier was "within reasonable limitations" as that phrase is utilized in N.C.Gen.Stat. § 160A-312 (Supp.1993).

The underlying dispute arose as follows. In June 1983, Cumberland County purchased land within its borders for development...

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