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STATE EX REL. UTIL. COM'N, DURHAM v. GENERAL TEL. CO.

No. 7410UC228.

204 S.E.2d 529 (1974)

21 N.C. App. 408

STATE of North Carolina ex rel. UTILITIES COMMISSION, CITY OF DURHAM, et al. v. GENERAL TELEPHONE COMPANY OF the SOUTHEAST.

Court of Appeals of North Carolina.

Certiorari Allowed July 1, 1974.

Attorney(s) appearing for the Case

Edward B. Hipp, Maurice W. Horne and John R. Molm, Raleigh for the North Carolina Utilities Commission.

Atty. Gen. Robert Morgan, by Asst. Attys. Gen. I. Beverly Lake, Robert P. Gruber and Jerry J. Rutledge, Raleigh, for the Using and Consuming Public.

Claude V. Jones, Durham, for the City of Durham.

Ward W. Wueste, Jr., Newsom, Graham, Strayhorn, Hedrick, Murray & Bryson, by A. H. Graham, Jr. and K. Byron McCoy, Durham, Power, Jones & Schneider by John Robert Jones and William R. White, Columbus, Ohio, for the General Telephone Company of the Southeast.

Certiorari Allowed by Supreme Court July 1, 1974.

MORRIS, Judge.

In its order the Commission found the fair value of General's property used and useful to be $57,201,810. In making this finding the Commission stated that it had "considered the original cost depreciated and adjusted for excess margins and excess profits, the reasonable replacement cost, General's high station density and rapid increase in plant investment per station during the past five years...

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