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STATE EX REL. SPANISH LAKE SERVICE, INC. v. LUTEN

No. 34937.

500 S.W.2d 46 (1973)

STATE of Missouri ex rel. SPANISH LAKE SERVICE, INC., a corporation, Relator, v. Drew W. LUTEN, Jr., Judge, Division No. 10, St. Louis County, State of Missouri, Respondent.

Missouri Court of Appeals, St. Louis District, Division Two.

September 18, 1973.

Attorney(s) appearing for the Case

Robertson, Ely & Wieland, St. Louis, for relator.

Lewis, Rice, Tucker, Allen & Chubb, Dominic Troiani, Michael D. Mulligan, St. Louis, Herman Barken, Asst. County Counselor, Clayton, Harry Wiggins, Gen. Counsel, Public Service Comm. of Mo., Jefferson City, for respondent.

SMITH, Judge.

This is an original proceeding in prohibition in which relator (a public utility supplying sewer service) seeks to prevent respondent from entering an injunction which would forbid relator from terminating sewer service to the Horizon Village Apartment Company because of partial nonpayment for services.

The Missouri Public Service Commission (Commission) granted relator a rate increase for sewer service. Pursuant to Sec. 386.510

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