MOMARC UTILITIES CORPORATION v. CITY OF SALYERSVILLE


323 S.W.2d 568 (1959)

MOMARC UTILITIES CORPORATION et al., Appellants, v. CITY OF SALYERSVILLE et al., Appellees.

Court of Appeals of Kentucky.

April 17, 1959.


Attorney(s) appearing for the Case

John G. Prather, Somerset, Earl Cooper, Salyersville, for appellants.

Mann & Mann, Salyersville, Combs & Combs, Prestonsburg, for appellees.


CULLEN, Commissioner.

The City of Salyersville, its mayor and the members of the city council, and three taxpayers of the city, brought action against Momarc Utilities Corporation, alleging that Momarc was operating a natural gas distribution system in the city without a franchise, and praying that Momarc be enjoined from continuing to operate in the city and be compelled to remove its pipes and other equipment from the streets of the city. Momarc counterclaimed,...

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