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RUTHERFORD ELEC. MEMBERSHIP v. TIME WARNER

No. COA14-905.

771 S.E.2d 768 (2015)

RUTHERFORD ELECTRIC MEMBERSHIP CORPORATION, Plaintiff, v. TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP, d/b/a Time Warner Cable, and Time Warner Cable Southeast, LLC, Defendants.

Court of Appeals of North Carolina.

April 7, 2015.

Attorney(s) appearing for the Case

Nelson Mullins Riley & Scarborough LLP, Raleigh, by Joseph W. Eason and Christopher J. Blake , for Plaintiff.

Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, Greensboro, by Reid L. Phillips ; and Sheppard Mullin Richter & Hampton LLP, by Gardner F. Gillespie , Paul Werner , and J. Aaron George , for Defendant.

Womble Carlyle Sandridge & Rice, LLP, Raleigh, by Pressly M. Millen and Raymond M. Bennett , for amicus curiae North Carolina Association of Electric Cooperatives, Inc.

The Bussian Law Firm, PLLC, Raleigh, by John A. Bussian , for amicus curiae North Carolina Cable Telecommunications Association.

Rutherford Electric Membership Corporation ("Rutherford") argues that the North Carolina Business Court erred in holding that the utility pole attachment rates it charged Time Warner Cable Entertainment-Advance/Newhouse Partnership ("TWEAN")1 between 2010 and 2013 were neither just nor reasonable under...

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