{
  "id": 8556904,
  "name": "STATE OF NORTH CAROLINA ex rel. UTILITIES COMMISSION, and DUKE TELEPHONE COMPANY and DUKE UNIVERSITY v. GENERAL TELEPHONE COMPANY OF THE SOUTHEAST",
  "name_abbreviation": "State ex rel. Utilities Commission v. General Telephone Co.",
  "decision_date": "1973-03-28",
  "docket_number": "No. 7310UC226",
  "first_page": "727",
  "last_page": "728",
  "citations": [
    {
      "type": "official",
      "cite": "17 N.C. App. 727"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 206,
    "char_count": 3800,
    "ocr_confidence": 0.483,
    "sha256": "503f9fb5d45e2aeff511944ee3fd95149697359b8b64abfc4694cd21a0a98f3c",
    "simhash": "1:faeb9d912c4cfb28",
    "word_count": 566
  },
  "last_updated": "2023-07-14T17:26:57.402584+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Britt and Parker concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA ex rel. UTILITIES COMMISSION, and DUKE TELEPHONE COMPANY and DUKE UNIVERSITY v. GENERAL TELEPHONE COMPANY OF THE SOUTHEAST"
    ],
    "opinions": [
      {
        "text": "HEDRICK, Judge.\nMotions to dismiss intervenor\u2019s appeal as being premature and fragmentary were filed in this court by both the Utilities Commission and petitioners.\nThe North Carolina Utilities Commission is, by statute, vested with jurisdiction over public utilities. G.S. 62-30. Telephone companies are utilities within the jurisdiction of the Utilities Commission. G.S. 62-3 (23) a 6. G.S. 62-110 in pertinent part provides:\n\u201cNo public utility shall hereafter begin the construction or operation of any public utility plant or system or acquire ownership or control thereof, either directly or indirectly, without first obtaining from the Commission a certificate that public convenience and necessity requires, or will require, such construction, acquisition, or operation\nPetitioners, Duke Telephone Company and Duke University, by applying for a certificate of convenience and necessity to provide telephone service at Duke University, have complied with the mandate of G.S. 62-110. The Utilities' Commission, by denying intervenor\u2019s motion to summarily dismiss the Duke petition because of an alleged lack of jurisdiction, has rendered no final determination on the merits of the petition, but instead has concluded that the issues of fact and law raised by the petition can only be determined after a hearing.\nThe right of appeal lies from a final decision of the Utilities Commission. G.S. 7A-29; G.S. 62-90. Since no final order has been rendered by the Utilities Commission in this case, the appeal of General Telephone is premature and is therefore\nDismissed.\nJudges Britt and Parker concur.",
        "type": "majority",
        "author": "HEDRICK, Judge."
      }
    ],
    "attorneys": [
      "Edward B. Hipp, Maurice W. Horne and William E. Anderson, for North Carolina Utilities Commission.",
      "Boyce, Mitchell, Burns & Smith by F. Kent Burns for petitioners appellee, Duke Telephone Company and Duke University.",
      "R. Frost Branon, Jr., Ward W. Wueste, Jr., and Newsom, Graham, Strayhorn, Hedrick & Murray by A. H. Graham, Jr., for intervenor appellant, General Telephone Company of the Southeast."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA ex rel. UTILITIES COMMISSION, and DUKE TELEPHONE COMPANY and DUKE UNIVERSITY v. GENERAL TELEPHONE COMPANY OF THE SOUTHEAST\nNo. 7310UC226\n(Filed 28 March 1973)\nTelephone and Telegraph Companies \u00a7 1; Utilities Commission \u00a7 9\u2014 petition for certificate of public convenience and necessity \u2014 denial of motion to dismiss \u2014 premature appeal\nA telephone company\u2019s appeal from the denial of its motion to dismiss on jurisdictional grounds a petition of Duke Telephone Company and Duke University for a certificate of public convenience and necessity to provide telephone service at Duke University is dismissed as premature since no final order has been entered by the Utilities Commission in the proceeding.\nAppeal by intervenor, General Telephone Company of the Southeast, from an order of the North Carolina Utilities Commission dated 11 December 1972.\nPetitioners, Duke Telephone Company and Duke University, instituted this proceeding on 9 October 1972 by filing with the North Carolina Utilities Commission a joint petition \u201cfor a certificate of public convenience and necessity authorizing it to provide telephone service at Duke University.\u201d On 1 December 1972, General Telephone Company of the Southeast (General Telephone) filed a \u201cpetition for leave to intervene and motion to dismiss application\u201d alleging \u201cthat neither Duke University nor its wholly-owned subsidiary, Duke Telephone Company, is a \u2018public utility\u2019 within the meaning of General Statute 62-110, the certification statute in this State . . . . \u201d The Utilities Commission, by order dated 11 December 1972, granted General Telephone\u2019s petition to intervene, but denied the motion of General Telephone to dismiss the joint petition of Duke Telephone Company and Duke University. General Telephone appealed.\nEdward B. Hipp, Maurice W. Horne and William E. Anderson, for North Carolina Utilities Commission.\nBoyce, Mitchell, Burns & Smith by F. Kent Burns for petitioners appellee, Duke Telephone Company and Duke University.\nR. Frost Branon, Jr., Ward W. Wueste, Jr., and Newsom, Graham, Strayhorn, Hedrick & Murray by A. H. Graham, Jr., for intervenor appellant, General Telephone Company of the Southeast."
  },
  "file_name": "0727-01",
  "first_page_order": 751,
  "last_page_order": 752
}