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COLLINS v. LACLEDE GAS COMPANY

No. 15570.

237 F.2d 633 (1956)

C. Richard COLLINS and Floyd Collins, Co-Partners, d/b/a Collins Brothers Oil Company, Appellants, v. LACLEDE GAS COMPANY, a Missouri Corporation; Phil Donnelly, as Governor of the State of Missouri; John M. Dalton, as Attorney General of the State of Missouri; Missouri Public Service Commission, and Tyre W. Burton, Charles L. Henson, E. L. McClintock, Henry McKay Cary, and M. J. McQueen, as Members of and Constituting the Missouri Public Service Commission; and Glenn D. Evans, as General Counsel for the Missouri Public Service Commission, Appellees.

United States Court of Appeals Eighth Circuit.

October 26, 1956.

Attorney(s) appearing for the Case

J. J. Middleton, Mount Vernon (Howard W. Campbell, Mount Vernon, Craig & Craig, Mansfield, Mo., Nelson W. Hartman, Joseph R. Long, John P. Baird, Jr., and Fordyce, Mayne Hartman, Renard & Stribling, St. Louis, Mo., were with him on the brief), for appellants.

James M. Douglas, St. Louis, Mo. (Glenn D. Evans, Gen. Counsel, Frank J. Iuen, Asst. Gen. Counsel, Missouri Public Service Commission, Jefferson City, Mo., Thompson, Mitchell, Thompson & Douglas, Guy A. Thompson, and Richard L. Eckhart, St. Louis, Mo., were with him on the brief), for appellees, Laclede Gas Company, and others.

Brief of appellees, Laclede Gas Co., and others, adopted by appellees Phil Donnelly, as Governor of the State of Missouri, and John M. Dalton, as Attorney General of the State of Missouri.

Before GARDNER, Chief Judge, and VOGEL and VAN OOSTERHOUT, Circuit Judges.

GARDNER, Chief Judge.

This action was the product of a process of evolution in that it was developed from various and sundry efforts on the part of appellants to enjoin the exercise of the power of eminent domain condemning certain alleged property rights of appellants. The various proceedings had and taken by the appellants prior to the institution of this action are set out in great detail in their complaint. The parties will be referred to as they were designated...

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