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CADDO ELECTRIC COOPERATIVE v. STATE

No. 39509.

391 P.2d 234 (1964)

CADDO ELECTRIC COOPERATIVE, Plaintiff in Error, v. STATE ex rel. John V. WHELAN, County Attorney, City of El Reno, Oklahoma, and Oklahoma Gas and Electric Company, Defendants in Error.

Supreme Court of Oklahoma.

March 31, 1964.

Attorney(s) appearing for the Case

Barney & Pain, Anadarko, for plaintiff in error.

John V. Whelan, County Attorney of Canadian County, Oklahoma, for defendant in error State ex rel. John V. Whelan.

Porta & Weaver, El Reno, for defendant in error City of El Reno.

Rupert, Fogg, El Reno, Houston W. Reeves, Rainey, Flynn & Welch, Oklahoma City, for defendant in error Oklahoma Gas & Electric Co.

Walter Arnote, City Atty., McAlester, Charles Norman, City Atty., Tulsa, Harold Gasaway, City Atty., Enid, Donald Royse, City Atty., Elk City, Andrew Riddle, City Atty., Ardmore, Lawrence Green, City Atty., Ada, Andrew Wilcoxen, City Atty., Muskogee, Roy Semtner, Municipal Counselor, Oklahoma City, Robert T. Rice, City Atty., Edmond, N.A. Smith, City Atty., Purcell, amici curiae.

PER CURIAM:

In 1946 and 1949 Caddo Electric Cooperative, acting under the powers granted by the Rural Electric Cooperative Act of 1939, constructed distribution lines into a rural area extending one-half mile west from the city limits of the City of El Reno, a "home rule" city of more than 1,500 inhabitants. Cooperative proceeded then and now to serve electric current to itself, that is, to its members, residing in such ...

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