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UNITED STATES v. NORTH CAROLINA UTILITIES COM'N

Civ. No. 3061.

352 F.Supp. 274 (1972)

UNITED STATES of America, Plaintiff, v. NORTH CAROLINA UTILITIES COMMISSION et al., Defendants.

United States District Court, E. D. North Carolina, Raleigh Division.

Decided December 20, 1972.

Attorney(s) appearing for the Case

Thomas P. McNamara, U. S. Atty., and Jack B. Crawley, Jr., Asst. U. S. Atty., Raleigh, N. C., for plaintiff.

Edward B. Hipp, Commission Atty., and Maurice W. Horne and William E. Anderson, Asst. Commission Attys., Raleigh, North Carolina, for defendants.

Before CRAVEN, Circuit Judge, and LARKINS and DUPREE, District Judges.

PER CURIAM:

This is an action brought by the United States to enjoin the enforcement of a General Order of the North Carolina Utilities Commission. The order in question purports to set rates which franchised carriers must charge the United States Army for the intrastate transportation of household goods. We find that the state regulation burdens the exercise by the United States of its constitutional power to raise and support armies, U.S.Const. art. I, § 7...

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