Legal Opinion
Durham v. North Carolina
Court of Appeals for the Fourth Circuit
Decided May 7, 1968No. 12079PublishedCited by 3 opinions
1Opinion of the Court
ALBERT V. BRYAN, Circuit Judge:
Water Company, Inc. of North Carolina and its chief stockholder, B. E. Durham, seek damages of the State, its Utilities Commission, and the Kannapo-lis Sanitary District for infringement of its franchise. The District Court granted defendants’ motions to dismiss and plaintiff has appealed. We affirm.
In 1951, Durham received a certificate of franchise from the Commission entitling him to operate a waterworks and distribution system in certain areas of Rowan and Cabarrus Counties. In 1959, it approved a transfer of his operations to the Water Company which has…
2Cases cited4 opinions
- Newburyport Water Co. v. NewburyportSupreme Court of the United States · 1904
- Helena Water Works Co. v. HelenaSupreme Court of the United States · 1904
- Elizabeth City Water & Power Co. v. City of Elizabeth CitySupreme Court of North Carolina · 1924
- Hill v. Elizabeth CityCourt of Appeals for the Fourth Circuit · 1924
3Cited by3 opinions
- B. E. Durham v. State Of North CarolinaCourt of Appeals for the Fourth Circuit · 1968
- Carolina Water Serv v. Winston-SalemCourt of Appeals for the Fourth Circuit · 1998
- Triad Catv, Inc. v. The City of Hastings, and Americable International-Michigan, Inc., IntervenorCourt of Appeals for the Sixth Circuit · 1990