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CAPE HATTERAS ELEC. MEMBERSHIP CORP. v. LAY

No. COA10-271.

708 S.E.2d 399 (2011)

CAPE HATTERAS ELECTRIC MEMBERSHIP CORPORATION, Plaintiff, v. Kenneth R. LAY, Secretary of the North Carolina Department of Revenue, Defendant.

Court of Appeals of North Carolina.

March 1, 2011.

Attorney(s) appearing for the Case

Vandeventer Black LLP, Raleigh, by Norman W. Shearin and David P. Ferrell , for plaintiff-appellee.

Attorney General Roy Cooper , by Assistant Attorney General Terence D. Friedman , for defendant-appellant.

ROBERT C. HUNTER, Judge.

Defendant Kenneth R. Lay, Secretary of the North Carolina Department of Revenue ("NCDOR") appeals from a judgment entered 24 November 2009. After careful review, we affirm.

Background

Plaintiff Cape Hatteras Electric Membership Corporation ("CHEMC") was originally incorporated on 30 March 1945 under former N.C. Gen.Stat. § 117-19 for the purpose of providing low cost electric service on a non-profit basis to consumers...

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