STATE EX REL. UTIL. COM'N v. ESTES EXP. LINES

No. 7610UC820.

234 S.E.2d 628 (1977)

33 N.C. App. 99

STATE of North Carolina ex rel. UTILITIES COMMISSION et al., Applicants, v. ESTES EXPRESS LINES et al., Protestants.

Court of Appeals of North Carolina.

May 4, 1977.


Attorney(s) appearing for the Case

Bailey, Dixon, Wooten, McDonald & Fountain by Ralph McDonald, Raleigh, for applicants-appellees.

Allen, Steed & Allen, P. A., by Thomas W. Steed, Jr., Raleigh, for protestants.


BRITT, Judge.

Is the order of the commission approving the transfer of common carrier franchise authority under G.S. 62-111 erroneous as a matter of law and unsupported by competent, material and substantial evidence? We answer in the negative.

The transfer of carrier operating authority is governed by G.S. 62-111 which includes the following applicable provisions:

"(a) No franchise now existing or hereafter issued under the provisions of this Chapter...

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