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EMPIRE POWER CO. v. N.C. DEPT. OF ENVIRONMENT HEALTH & NATURAL RESOURCES

No. 570PA93.

442 S.E.2d 514 (1994)

335 N.C. 769

EMPIRE POWER COMPANY, and George Clark, Petitioners, v. N.C. DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES, DIVISION OF ENVIRONMENTAL MANAGEMENT, Respondent, and Duke Power Company.

Supreme Court of North Carolina.

March 3, 1994.

Attorney(s) appearing for the Case

Donnell Van Noppen, III, Greensboro, for Clark.

William W. Webb, Raleigh, for Empire Power.

William L. Potter, Associate General Counsel, Garry S. Rice, Sr. Atty., Charlotte, Yvonne C. Bailey, Raleigh, for Duke Power Co.

Michael F. Easley, Atty. Gen., James Holloway, Associate Atty. Gen., for NC Dept. of Environment.

Prior report: 112 N.C. App. 566, 436 S.E.2d 594.

ORDER

Upon consideration of the petition filed by Plaintiff (George Clark) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court...

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