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CITY OF McPHERSON v. STATE CORPORATION COMMISSION

No. 38,880

174 Kan. 407 (1953)

257 P.2d 123

THE CITIES OF McPHERSON, et al., Appellees, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, et al., Appellants, and THE KANSAS POWER AND LIGHT COMPANY, Appellant. NATIONAL GYPSUM COMPANY, Appellee, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, et al., Appellants, and THE KANSAS POWER AND LIGHT COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed May 9, 1953.

Attorney(s) appearing for the Case

Jay Kyle, of Topeka, argued the cause, and Robert M. Corbett, of Topeka, was with him on the briefs for the appellant, State Corporation Commission of the State of Kansas.

Clayton E. Kline, of Topeka, argued the cause, and M.F. Cosgrove, Balfour S. Jeffrey, and Robert E. Russell, all of Topeka, were with him on the briefs for the appellant, The Kansas Power and Light Company.

Jerome M. Joffee, of Kansas City, Mo., argued the cause, and Russ B. Anderson, city attorney, of McPherson, and Charles C. Calkin, of Kingman, were with him on the briefs for the appellee cities.

Harry W. Colmery and James E. Smith, both of Topeka, and Paul R. Wunsch, of Kingman, were on the briefs for the appellee, National Gypsum Company.

The opinion of the court was delivered by

HARVEY, C.J.:

These appeals are from orders of the trial court sustaining motions of the appellees to set aside orders of the State Corporation Commission as being unlawful and unreasonable on their face without an examination of the record before the Commission required by G.S. 1949, 66-118d.

The legislature, by statute (G.S. 1949, 74-601), organized the State Corporation Commission, which hereinafter will...

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