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WEST WILSON UTILITY DIST. OF WILSON COUNTY v. ATKINS

442 S.W.2d 612 (1969)

WEST WILSON UTILITY DISTRICT OF WILSON COUNTY, Tennessee, Appellant, v. Z.D. ATKINS, Cayce Pentecost, and Hammond Fowler Constituting the Tennessee Public Service Commission and Cumberland Water Company, Appellees.

Supreme Court of Tennessee.

March 7, 1969.

Attorney(s) appearing for the Case

Phillip Reed, Lebanon, MacFarland & Reed, Lebanon, of counsel, for appellant.

Eugene W. Ward, General Counsel, Public Service Commission, Nashville, for appellees.

Harold Seligman and Howard Butler, Nashville, for Cumberland Water Co.

Cecil D. Branstetter and Philip M. Carden, Nashville, amici curiae.

OPINION

DYER, Justice.

This appeal challenges the jurisdiction of the Tennessee Public Service Commission (T.C.A. § 65-101) to issue to a public utility a certificate of convenience and necessity to operate in a geographical area, which area has been previously designated to a Utility District.

On August 6, 1956, West Wilson Utility District was created by order of the County Judge of Wilson County, Tennessee, acting pursuant to Chapter 26,...

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