![]() ![]() The affidavit was not made a part of the record on appeal to the Court of Appeals and therefore was not originally a part of the record before this Court. The affidavit was attached to Fayetteville's response to plaintiffs' motion for a preliminary injunction, and was thus a part of the original record proper on file and available to Judge Braswell at the hearing on the motion for preliminary injunction. Burkhead, Jr., the City of Fayetteville's chief electrical engineer. On the day of the oral argument before this Court, Fayetteville filed a written motion pursuant to Rule 9(b)(6) of the Rules of Appellate Procedure to amend the record on appeal to include the affidavit of Mr. Murray, Raleigh, for amicus curiae, the Towns of Scotland Neck and Shelby and the Cities of Gastonia, Greenville, Newton and Rocky Mount, North Carolina.īefore proceeding with the opinion in chief, it is necessary to dispose of a motion in the cause pending before this Court. Phil Carlton, Raleigh, for defendants-appellants. Deese, Fayetteville, Spruill, Lane, Carlton, McCotter & Jolly by J. Page, Raleigh, for plaintiffs-appellees Lumbee River Elec. ![]() *211 Crisp, Davis & Schwenter, William T. The CITY OF FAYETTEVILLE, the Public Works Commission of the City of Fayetteville, and Southwest Development Corporation of Cumberland County. LUMBEE RIVER ELECTRIC MEMBERSHIP CORPORATION and North Carolina Electric Membership Corporation ![]()
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