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CITY OF CONCORD v. DUKE POWER CO.

No. 196PA96.

485 S.E.2d 278 (1997)

CITY OF CONCORD, a Municipal Corporation v. DUKE POWER COMPANY, a Domestic Corporation.

Supreme Court of North Carolina.

June 6, 1997.

Attorney(s) appearing for the Case

Poyner & Spruill, L.L.P. by S. Ellis Hankins and Nancy Bentson Essex, Raleigh, for plaintiff-appellee.

Duke Power Company by Jeff D. Griffith, III, Charlotte; and Adams Kleemeier Hagan Hannah & Fouts, P.L.L.C. by W. Winburne King, III, and D. Beth Langley, Greensboro, for defendant-appellant.

Thomas K. Austin, Associate General Counsel; and Crisp, Page & Currin, L.L.P. by Robert F. Page, Raleigh, on behalf of North Carolina Electric Membership Corporation, amicus curiae.

Rose, Rand, Orcutt, Cauley, Blake & Ellis by James P. Cauley, III, Wilson, on behalf of Electricities of North Carolina, Inc., amicus curiae.

Hunton & Williams, by Richard E. Jones and Steven B. Epstein, Raleigh, on behalf of Carolina Power & Light Company, amicus curiae.

LAKE, Justice.

This case is one of first impression with respect to proper application of the Electric Act of 1965. Specifically, the issue presented involves the legislative intent in statutory terminology designed to restrict and resolve the rights of competing electric suppliers to provide customer service within a municipality where the competing interests have been created by annexation.

Plaintiff City of Concord (City) is a municipal corporation located...

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