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CITY OF BARDSTOWN v. LOUISVILLE GAS AND ELECTRIC CO.

383 S.W.2d 918 (1964)

CITY OF BARDSTOWN, Kentucky, Appellant, v. LOUISVILLE GAS AND ELECTRIC COMPANY, a Corporation, and Public Service Commission of Kentucky, Appellees. The CITY OF BARDSTOWN, Kentucky, a Municipal Corporation, Appellant, v. PUBLIC SERVICE COMMISSION of Kentucky and Louisville Gas and Electric Company, a Corporation, Appellees.

Court of Appeals of Kentucky.

November 6, 1964.

Attorney(s) appearing for the Case

J. Smith Barlow, City Atty., Bardstown, Cornelius W. Grafton, Grafton, Ferguson & Fleischer, Louisville, for appellant.

Clifford E. Smith, Frankfort, Peter, Heyburn & Marshall, Louisville, Middleton, Seelbach, Wolford, Willis & Cochran, Louisville, John B. Breckinridge, Atty. Gen., J. Gardner Ashcraft, Asst. Atty. Gen., Frankfort, for appellees.

CULLEN, Commissioner.

We have appeals by the City of Bardstown from a judgment of the Franklin Circuit Court in two related (and consolidated) actions seeking to set aside orders of the Public Service Commission. One of the actions, brought by Louisville Gas & Electric Company (hereinafter "L. G. & E."), sought to set aside an order granting Bardstown a conditioned certificate to construct a municipally-owned gas distribution system. The judgment held that...

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