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MISSOURI UTIL. CO. v. SCOTT-NEW MADRID-MISS. EL. COOP.

No. 56088.

475 S.W.2d 25 (1971)

MISSOURI UTILITIES COMPANY, a Corporation, Appellant, v. SCOTT-NEW MADRID-MISSISSIPPI ELECTRIC COOPERATIVE, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied January 10, 1972.

Attorney(s) appearing for the Case

Jack L. Oliver, Oliver, Oliver & Jones, Cape Girardeau, for appellant, Missouri Utilities Co.

James D. Sickal, Blanton, Blanton & Rice, Sikeston, for respondent, Scott-New Madrid-Mississippi Electric Cooperative.

BARDGETT, Judge.

This case involves a determination of the right of a rural electric cooperative operating pursuant to Chap. 394, RSMo 1969, V.A.M.S.,1 to continue its operations within the boundaries of a municipality of less than 1500 people in an instance where the area incorporated was, prior to incorporation, served by the cooperative and by a private electric utility corporation operating pursuant to Chap. 393, and where subsequent...

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