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CITY OF KIOWA v. CENTRAL TELEPHONE & UTILITIES CORP.

No. 47,006

213 Kan. 169 (1973)

515 P.2d 795

CITY OF KIOWA, BARBER COUNTY, KANSAS, Appellee, v. CENTRAL TELEPHONE & UTILITIES CORPORATION, WESTERN POWER DIVISION, and CONTINENTAL ILLINOIS BANK AND TRUST COMPANY OF CHICAGO, Appellants.

Supreme Court of Kansas.

Opinion filed November 3, 1973.

Attorney(s) appearing for the Case

Donald W. Glaves, of Ross, Hardies, O'Keefe, Babcock & Parsons, of Chicago, Illinois, argued the cause, and John W. MacGregor, of MacGregor and MacGregor, of Medicine Lodge, was with him on the brief for the appellants.

Gordon Penny, of Chapin and Penny, of Medicine Lodge, argued the cause, and W. Luke Chapin, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

This appeal arises from proceedings initiated by the city of Kiowa under K.S.A. 12-811 providing for the purchase by a city of any electric utility plant being operated within a city upon expiration of the current franchise.

The defendant Central Telephone & Utilities Corporation appeals the order determining the amount of the purchase price to be paid...

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