Legal Opinion

State ex rel. Utilities Commission v. Colter

Supreme Court of North Carolina

Decided April 17, 1963Published

1Opinion of the CourtHiggins, J.

The superior Court held the Commission had committed error in refusing to approve the transfer of Certificate No. 716. The alleged error consisted in the refusal to permit the applicants to introduce evidence tending to establish a convenience and necessity for the contemplated service. At the time the Commission observed that the issue of convenience and necessity had been passed on when the certificate was issued. Counsel thereafter did not offer evidence ■but agreed that issue was not then open. The controversy, therefore, involved the question whether the rights under the certificate had…

2Cases cited4 opinions

  1. Utilities Commission v. . Trucking Co.Supreme Court of North Carolina · 1943
  2. Utilities Com. v. . Coach Co.Supreme Court of North Carolina · 1940
  3. Hough-Wylie Co. v. LucasSupreme Court of North Carolina · 1952
  4. State ex rel. Utilities Commission v. Fredrickson Motor ExpressSupreme Court of North Carolina · 1950

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