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RALSTON v. CITY OF MIDDLESBORO

251 S.W.2d 233 (1952)

RALSTON et al. v. CITY OF MIDDLESBORO. WOODSON et al. v. CITY OF MIDDLESBORO et al.

Court of Appeals of Kentucky.

Rehearing Denied October 10, 1952.

Attorney(s) appearing for the Case

A. E. Funk, Jr., Middlesboro, Patterson & Wilson, Pineville, Squire Ogden and Wm. H. Abell, Louisville, for appellant.

Arthur Rhorer, Middlesboro, for appellee.

STANLEY, Commissioner.

The question is whether the City of Middlesboro may build and operate an electric plant and distribution system authorized by KRS 96.550 to 96.900, commonly called the "T.V.A. Act," without having negotiated with the Kentucky Utilities Company for the purchase of its plant now being operated in the city. KRS 96.580 provides that before a city may enter upon the "construction of any duplicating facilities", or condemn "an existing electric plant...

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