# State Ex Rel. Utilities Commission v. General Telephone Co. of the Southeast

> Supreme Court of North Carolina · June 16, 1972 · 281 N.C. 318

URL: https://www.frixlaw.com/law-library/cases/9568545

## Case

- **Full name:** STATE OF NORTH CAROLINA Ex Rel. UTILITIES COMMISSION and ROBERT MORGAN, Attorney General v. GENERAL TELEPHONE COMPANY OF THE SOUTHEAST and CITY OF DURHAM
- **Court:** Supreme Court of North Carolina
- **Decided:** June 16, 1972
- **Citations:** 281 N.C. 318; 189 S.E.2d 705; 1972 N.C. LEXIS 1080
- **Precedential status:** Published
- **Opinion:** Concurring in part by Higgins
- **Judges:** Lake, Bobbitt, Higgins, Sharp
- **Cited by:** 95 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Superseded by statute, as recognized in State Ex Rel. Utilities Commission v. Duke Power Co..
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9568545

## How later opinions describe it (automated extraction)

- noting that patents are intangible assets of corporations

## Opinion text

Justice Higgins,
concurring in part, dissenting in part.
In my view the Court of Appeals committed error in confirming the Commission’s deduction of $978,000 from the rate base on account of equipment purchased from a separate though affiliated corporate dealer. In my opinion, the evidence in the record neither justifies nor supports the deduction.
I vote to remand to the Utilities Commission for reconsideration and correction of this error. Otherwise I think the decision of the Court of Appeals is correct and should be affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9568545. Public record. Not legal advice.