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STATE v. CITY COACH CO.

No. 522.

67 S.E.2d 629 (1951)

234 N.C. 489

STATE ex rel. UTILITIES COMMISSION v. CITY COACH CO., Inc.

Supreme Court of North Carolina.

November 21, 1951.

Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen. and John Hill Paylor, Asst. Atty. Gen., for the North Carolina Utilities Commission, appellant.

Banks Arendell, Raleigh, for Gastonia Transit Co., Inc., appellant.

Basil L. Whitener, Gastonia, for City Coach Co., appellee.

DEVIN, Chief Justice.

The appeal in this case presents the question of the validity of an order of the Utilities Commission granting franchise certificate to the Gastonia Transit Company to operate buses over seven-tenths of a mile of the route now served by the City Coach Company.

The court below held that the order was void for the reason that the Utilities Commission had granted the Transit Company's application for transportation service which would duplicate...

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