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CITY OF OSCEOLA v. WHISTLE

No. 5-4133.

410 S.W.2d 393 (1966)

CITY OF OSCEOLA, et al., Appellants, v. Stella C. WHISTLE et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied February 6, 1967.

Attorney(s) appearing for the Case

Mitchell D. Moore, Osceola, and Smith, Williams, Friday & Bowen, by Herschel H. Friday, Little Rock, for appellants.

Marcus Evrard and Oscar Fendler, Blytheville, for appellees.

GEORGE ROSE SMITH, Justice.

The single question here is whether the city of Osceola has the power to condemn land beyond its city limits as a right-of-way for an electric transmission line. The chancellor held that the power does not exist and accordingly enjoined the city from attempting to condemn the property of the plaintiffs, now the appellees.

All the facts were stipulated. For many years Osceola has owned and operated a producing and distributing electric...

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