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PUBLIC SERVICE CO. OF OK. v. CADDO ELECTRIC COOP.

No. 43769.

479 P.2d 572 (1970)

PUBLIC SERVICE COMPANY OF OKLAHOMA and Town of Fort Cobb, Oklahoma, Plaintiffs in Error, v. The CADDO ELECTRIC COOPERATIVE, a corporation, Defendant in Error.

Supreme Court of Oklahoma.

As Corrected January 18, 1971.

Rehearing Denied January 20, 1971.

Attorney(s) appearing for the Case

Robert L. Lawrence, Everett L. Cunningham, Tulsa, Carl H. Smith, Carnegie, Fowler, Rucks, Baker, Jopling, Gramlich & Mee, by R.C. Jopling, Jr. and Phillip D. Hart, Oklahoma City, for plaintiffs in error.

H. Duane Stratton, Rainey, Flynn, Welch, Wallace, Ross & Cooper, by Gordon F. Rainey, Oklahoma City, amici curiae.

Pain & Garland, Anadarko, for defendant in error.

J.A. Rinehart, El Reno, amicus curiae.

JACKSON, Justice.

The constitutionality of the Extension of Electric Service Act of 1961, 17 O.S. 1961, Sections 158.1-158.6, inclusive, is under attack in this case upon the grounds hereinafter stated and discussed.

Section 158.1 of the Act provides:

"No supplier of electric service shall extend or render or offer to extend or render electric service to premises (a) already receiving such service from another...

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