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  5. 266 S.E.2d 838 (1980)
 

STATE EX REL. UTILITIES COM'N v. BIRD OIL CO.

No. 7910UC615.

266 S.E.2d 838 (1980)

STATE of North Carolina ex rel. UTILITIES COMMISSION, Kenan Transport Company and North Carolina Motor Carriers Association, Inc., Agent for Motor Common Carriers, Appellees, v. BIRD OIL COMPANY, Burke Oil Company, Lamplighter Oil Company, Weil Oil Company, Norwood Oil Company, Appellants.

Court of Appeals of North Carolina.

June 3, 1980.

Attorney(s) appearing for the Case

Allen, Steed & Allen by Thomas W. Steed, Jr., Raleigh, for plaintiffs-appellees.

Hatch, Little, Bunn, Jones, Few & Berry by David H. Permar, Raleigh, for defendants-appellants.

CLARK, Judge.

This appeal involves three challenges to the dedicated service rate provision in the Local Motor Freight Tariff for bulk shipment of petroleum and petroleum products in tank trucks:

(1) That the dedicated service rate is discriminatory and preferential in violation of G.S. 62-140 because it allows a lower rate for some shippers than for others providing the same service;

(2) The dedicated rate requires the common carrier to violate its...

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