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SIX CITIES v. STATE CORPORATION COMMISSION

No. 47,019

213 Kan. 413 (1973)

516 P.2d 596

CITIES OF OBERLIN, STOCKTON, SAINT FRANCIS, SHARON SPRINGS, OAKLEY and COLBY, KANSAS, Municipal Corporations; CRA, INC.; CARGILL, INC.; DELORE DIVISION OF N.L. INDUSTRIES; WESTERN PLAINS IRRIGATION ASSOCIATION; and LADDER CREEK IRRIGATION ASSOCIATION, Appellants, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS; DALE E. SAFFELS, Chairman, JULES V. DOTY and VERNON A. STROBERG, as Commissioners, and their respective successors in office; and KANSAS-NEBRASKA NATURAL GAS COMPANY, INC., Appellees.

Supreme Court of Kansas.

Opinion filed December 8, 1973.

Attorney(s) appearing for the Case

J.D. Lysaught, of Weeks, Thomas, Lysaught, Bingham and Johnston, Chartered, of Overland Park, argued the cause, and James M. Caplinger, of Topeka, was with him on the brief for the appellants.

Martha Steincamp, of Topeka, argued the cause, and James E. Wells and Sard Fleeker, both of Topeka, were with her on the brief for the appellee state corporation commission.

Richard C. Byrd, of Anderson, Byrd, Richeson and Jones, of Ottawa, argued the cause and was on the brief for appellee Kansas-Nebraska Natural Gas Company, Inc.

The opinion of the court was delivered by

HARMAN, C.:

This appeal embraces a rate proceeding commenced before the state corporation commission by the Kansas-Nebraska Natural Gas Company.

The commission and the company now urge dismissal of the appeal on the ground subsequent events have rendered the entire proceeding moot.

The essential facts are undisputed. On November 2, 1970, the company filed its application for an increase in intrastate...

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