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STATE EX REL v. CAROLINA WATER SERVICE

No. COA01-402.

562 S.E.2d 60 (2002)

STATE of North Carolina ex. rel UTILITIES COMMISSION; Public Staff—North Carolina Utilities Commission; and Roy Cooper, Attorney General—North Carolina Department of Justice, Petitioners, v. CAROLINA WATER SERVICE, INC. OF NORTH CAROLINA, and CWS Systems, Inc., Respondents.

Court of Appeals of North Carolina.

April 2, 2002.

Attorney(s) appearing for the Case

North Carolina Utilities Commission—Public Staff, by James D. Little and Kendrick C. Fentress, Raleigh, for petitioner appellee.

Attorney General Roy A. Cooper, III, by Assistant Attorney General Margaret A. Force, for intervenor-appellee.

Hunton & Williams, by Edward S. Finley, Jr., Raleigh, for respondent-appellant.

SMITH, Judge.

Between 10 November 1998 and 11 February 1999, respondent Carolina Water Service, Inc., (hereinafter "Carolina Water"), entered into agreements with four real estate developers to provide water service to four new subdivisions in Pender and New Hanover Counties which were adjacent to subdivisions already receiving water service from Carolina Water. The developers contracted to convey the new water mains and meters in the subdivisions to Carolina Water...

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