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MEUS v. DUKE POWER CO.

No. COA02-105.

573 S.E.2d 742 (2002)

MITSUBISHI ELECTRIC & ELECTRONICS USA, INC., Plaintiff, v. DUKE POWER COMPANY, a division of Duke Energy Corporation, and Duke Energy Corporation, Defendants.

Court of Appeals of North Carolina.

December 31, 2002.

Attorney(s) appearing for the Case

Francis & Austin, P.L.L.C., by Charles T. Francis and Alan D. Woodlief, Jr., Raleigh, for plaintiff-appellant.

Parker, Poe, Adams & Bernstein L.L.P., by Irvin W. Hankins, III and James C. Thornton, Charlotte, for defendant-appellees.

HUDSON, Judge.

Appellant Mitsubishi Electric & Electronics USA, Inc. ("MEUS") brought suit against the appellees ("Duke Power") in May 2001, seeking recovery of payments made for electrical services. In its complaint, MEUS asserted both breach of contract and tort claims. Duke Power then filed a motion to dismiss for lack of subject matter jurisdiction and, in the alternative, a stay pending review by the North Carolina Utilities Commission ("Utilities Commission...

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