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DIXIE ELECTRIC MEMBERSHIP CORP. v. CITY OF BATON ROUGE

No. 29423.

440 F.2d 819 (1971)

DIXIE ELECTRIC MEMBERSHIP CORPORATION, Plaintiff-Appellant, v. CITY OF BATON ROUGE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing March 29, 1971.

Attorney(s) appearing for the Case

John Schwab, Theo. F. Cangelosi, Robert L. Cangelosi, Baton Rouge, La., for plaintiff-appellant.

Joseph F. Keogh, Parish Atty., Edward V. Fetzer, Asst. Parish Atty., Baton Rouge, La., for defendant-appellee.

Before COLEMAN, INGRAHAM, and WILKEY, Circuit Judges.

COLEMAN, Circuit Judge:

This appeal presents solely the issue of whether a Louisiana public utility which has been granted a franchise by parish authorities to areas outside incorporated municipalities has a Constitutional right to expand its service in territory later annexed by a city. The United States District Court held in the negative and we affirm.

Under the provisions of Louisiana Revised Statutes 33:4361(1) Police Juries [the governing authority of...

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