State Ex Rel. Utilities Commission & Public Service Co. v. City of Durham

LAKE, Justice.

The judgment of the Court of Appeals is that the order of the Utilities Commission be reversed rather than that the proceedings be remanded to the Commission for further action by it. Thus, its effect is a denial of all rate increases sought by Public Service and the dismissal of the proceedings. Since the rates in question were put into effect subject to the undertaking by Public Service to refund such portions thereof as might not be authorized by the final order, the result of the judgment of the Court of Appeals, if affirmed by us, would be that Public Service must now…