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CITY OF CORBIN v. KENTUCKY UTILITIES COMPANY

447 S.W.2d 356 (1969)

The CITY OF CORBIN, Kentucky, et al., Appellant, v. KENTUCKY UTILITIES COMPANY, Appellee. The CITY OF CORBIN, Kentucky, et al., Appellants, v. PUBLIC SERVICE COMMISSION of Kentucky, et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Rehearing November 13, 1969.

Attorney(s) appearing for the Case

H. M. Sutton, Sam Cannon, Corbin, Joseph J. Leary, Frankfort, for appellants.

Richard F. Newell, Ogden, Robertson & Marshall, Louisville, William A. Hamm, Boyd F. Taylor, Hamm, Taylor & Milby, London, for Kentucky Utilities Co.

John B. Breckinridge, Atty. Gen., J. Gardner Ashcraft, Asst. Atty. Gen., Morris E. Burton, Frankfort, for Public Service Commission of Kentucky, and another.

CLAY, Commissioner.

We have before us consolidated appeals, both of which involve the question of whether appellant City of Corbin (a city of the third class) or appellee Kentucky Utilities Company has the legal right to furnish electric service to an industrial plant located outside the city. (These parties will hereinafter be designated respectively "City" and "KU".) In a suit filed in the Knox Circuit Court, KU's superior right to furnish this service was declared...

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