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ALABAMA POWER CO. v. CENTRAL ALABAMA ELEC. CO-OP.

5 Div. 806.

177 So.2d 441 (1965)

ALABAMA POWER COMPANY v. CENTRAL ALABAMA ELECTRIC COOPERATIVE.

Supreme Court of Alabama.

July 15, 1965.

Attorney(s) appearing for the Case

Martin, Balch, Bingham & Hawthorne, Birmingham, and Holley, Milner & Holley and Reneau & Reneau, Wetumpka, for appellant.

Oakley W. Melton, Jr., and Rushton, Stakely & Johnston, Montgomery, for appellee.

Wilbanks, Wilbanks & Dillon, Alexander City, for Elmore Service Corp., amicus curiae, in support of appeal.

HARWOOD, Justice.

For some ten years the Elmore Service Corporation has owned and operated Radio Station WETU, located adjacent to Highway 231 some two miles north of Wetumpka. During its entire existence electrical energy for the operation of WETU has been supplied by the Alabama Power Company.

Elmore Service is in the process of erecting a new broadcasting facility on property it has acquired some two miles south of Wetumpka, also on Highway 231.

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