CITIES SERVICE GAS CO. v. STATE CORPORATION COMMISSION

No. 41,284

184 Kan. 540 (1959)

337 P.2d 640

CITIES SERVICE GAS COMPANY, a Corporation, Appellee, v. STATE CORPORATION COMMISSION OF KANSAS, MARION BEATTY, Chairman, RICHARD C. BYRD and HARRY G. WILES, as Members of Said Commission, and Their Respective Successors in Office, Appellants.

Supreme Court of Kansas.

Opinion filed April 11, 1959.


Attorney(s) appearing for the Case

Clyde E. Milligan, general counsel, State Corporation Commission, of Topeka, and Wayne Coulson, special counsel, of Wichita, argued the cause, and Dale M. Stucky, special counsel, of Wichita, was with them on the briefs for the appellants.

Mark H. Adams, of Wichita, and Joe Rolston, of Oklahoma City, Oklahoma, argued the cause, and M.F. Cosgrove and Clayton E. Kline, both of Topeka, and Conrad C. Mount, O.R. Stites, and Charles V. Wheeler, all of Oklahoma City, Oklahoma, were with them on the brief for the appellee.

John Anderson, Jr., attorney general, as amicus curiae, with whom the attorneys general of the states of Arkansas, Colorado, New Mexico, North Dakota, Oklahoma, Wyoming, Utah, and Texas joined in the brief.


The opinion of the court was delivered by

JACKSON, J.:

In this appeal, appellants seek to have the court examine the mandate of the Supreme Court of the United States which reversed the decision of this court when the instant case was before the court in 1956 as found in Cities Service Gas Co. v. State Corporation Commission, 180 Kan. 454, 304 P.2d 528. Since the detailed facts of this...

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