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STATE EX REL. UTILITIES COM'N v. PUBLIC STAFF—NORTH CAROLINA UTILITIES COMMISSION

No. COA95-609.

473 S.E.2d 661 (1996)

STATE of North Carolina ex rel. UTILITIES COMMISSION; and Carolina Water Service, Inc. of North Carolina, Applicant, Appellees, v. PUBLIC STAFF—NORTH CAROLINA UTILITIES COMMISSION, Intervenor, Appellant.

Court of Appeals of North Carolina.

August 20, 1996.

Attorney(s) appearing for the Case

Hunton & Williams by Edward S. Finley, Jr., and James L. Hunt, Raleigh, for applicant-appellee Carolina Water Service, Inc. of North Carolina.

Public Staff, Antoinette R. Wike, Chief Counsel, and Paul L. Lassiter, Staff Attorney, Raleigh, for intervenor-appellant Public Staff—North Carolina Utilities Commission.

JOHN, Judge.

Carolina Water Service, Inc. of North Carolina (CWS) filed an application with the North Carolina Utilities Commission (the Commission) 29 December 1994 requesting permission to relinquish its certificate to serve Mallard Crossing subdivision in Mecklenburg County and to sell that water and sewer system to the City of Charlotte. CWS further requested that its shareholders retain 100 percent of the capital gain on such sale, consistent with the policy...

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