Dennis v. Duke Power Co.

• Decision Date: 05 October 1994
• Docket Number: No. 246PA94,246PA94
• Citation: 449 S.E.2d 568,337 N.C. 801
• Court: North Carolina Supreme Court
• Parties: In the Matter of Mrs. Delora DENNIS, Route 2, Box 478, Brevard, North Carolina 28712, and Other Customers of Haywood Electric Membership Corporation, Complainants, v. DUKE POWER COMPANY and Haywood Electric Membership Corporation, Respondents. Mr. Thomas W. McGOHEY and Other Customers of Haywood Electric Membership Corporation, 505 Connestee Trail, Brevard, North Carolina 28712, Complainants, v. DUKE POWER COMPANY and Haywood Electric Membership Corporation, Respondents. Mrs. Carmeletta MOSES, Route 68, Box 326, Tuckasegee, North Carolina 28783, Complainant, v. DUKE POWER COMPANY and Haywood Electric Membership Corporation, Respondents, and Mr. Forrest Cole, Route 63, Bull Pen Road, Cashiers, North Carolina 28717, and Other Customers of Haywood Electric Membership Corporation, Complainants, and Nantahala Power & Light Company and Haywood Electric Membership Corporation, Respondents.

Page 568

449 S.E.2d 568

337 N.C. 801

In the Matter of Mrs. Delora DENNIS, Route 2, Box 478,

Brevard, North Carolina 28712, and Other Customers

of Haywood Electric Membership

Corporation, Complainants, v. DUKE POWER COMPANY and Haywood Electric Membership

Corporation, Respondents.

Mr. Thomas W. McGOHEY and Other Customers of Haywood

Electric Membership Corporation, 505 Connestee

Trail, Brevard, North Carolina 28712, Complainants, v. DUKE POWER COMPANY and Haywood Electric Membership

Corporation, Respondents.

Mrs. Carmeletta MOSES, Route 68, Box 326, Tuckasegee, North

Carolina 28783, Complainant, v. DUKE POWER COMPANY and Haywood Electric Membership

Corporation, Respondents,

and

Mr. Forrest Cole, Route 63, Bull Pen Road, Cashiers, North

Carolina 28717, and Other Customers of Haywood

Electric Membership Corporation, Complainants,

and

Nantahala Power & Light Company and Haywood Electric

Membership Corporation, Respondents.

No. 246PA94.

Supreme Court of North Carolina.

Oct. 5, 1994.

Sam J. Ervin, IV, for M-B Industries.

Jerry W. Amos, for Haywood Elec.

William Larry Porter, Steve C. Griffith, Myles E. Standish, for Duke Power.

Edward S. Finley, Jr., James L. Hunt, for Nantahala Power & Light.

Thomas K. Austin, for NC Elec. Membership Corp.

Victoria O. Hauser, for Public Staff.

Prior report: 114 N.C.App. 272, 442 S.E.2d 104.

ORDER

Upon consideration of the petition filed by Respondents (Duke Power, Nantahala & Public Staff) in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 5th day of October 1994."

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15(g)(2).

Respondents shall forthwith submit an appeal bond to this Court, as provided by Appellate Rule 17(b). The bond may be in cash or by a written undertaking with good and sufficient surety in the sum of $250.00.