BLK. RIVER ELEC. COOP., INC. v. PUBLIC SERVICE COMMISSION

17779

238 S.C. 282 (1961)

120 S.E.2d 6

BLACK RIVER ELECTRIC COOPERATIVE, INC., Appellant, v. PUBLIC SERVICE COMMISSION et al., Respondents.

Supreme Court of South Carolina.

May 11, 1961.


Attorney(s) appearing for the Case

Messrs. Henry B. Richardson, George D. Levy and Nash & Wilson, of Sumter, for Appellant.

Messrs. Daniel R. McLeod, Attorney General, and Irvine F. Belser, Assistant Attorney General, of Columbia, for Respondent, The Public Service Commission of South Carolina.

Messrs. Willcox. Hardee, Houck & Palmer, of Florence, Legare & Hare, of Charleston, Lee & Moise, of Sumter, W. Reid Thompson and A.Y. Arledge, of Raleigh, N.C., for Respondent, Carolina Power & Light Company.

Messrs. Preston H. Callison, of Columbia, for C.D. Spangler Construction Company and Townsend & Townsend, of Columbia, for C. & C. Land Company and Midlands Water Development Corporation, Respondents.

Messrs. Roberts, Jennings, Thomas & Lumpkin, of Columbia, for Central Electric Cooperative, Inc., as Amicus Curiae.

Messrs. Henry B. Richardson, George D. Levy, Nash & Wilson, of Sumter, for Black River Electric Cooperative, Inc., and Roberts, Jennings, Thomas & Lumpkin, of Columbia, for Amicus Curiae, Appellants, in Reply.

Messrs. Willcox, Hardee, Houck & Palmer, of Florence, Legare & Hare, of Charleston, Lee & Moise, of Sumter, W. Reid Thompson, and A.Y. Arledge, of Raleigh, N.C., Attorneys for Respondent, Carolina Power & Light Company, in Reply.


May 11, 1961.

OXNER, Justice.

This is an appeal from an order of the Circuit Court refusing to set aside an order of the Public Service Commission. The controversy stems from a claim by the Black River Electric Cooperative, Inc., that the Carolina Power and Light Company should be enjoined from furnishing electricity in a certain area near the City of Sumter, which the Cooperative says is already occupied and adequately served by it.

C.D. Spangler...

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