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TENNYSON v. GAS SERVICE COMPANY

No. 73-1930.

506 F.2d 1135 (1974)

Wade TENNYSON et al., Plaintiffs-Appellants, v. GAS SERVICE COMPANY, and Kansas Gas and Electric Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided November 26, 1974.

Attorney(s) appearing for the Case

Michael D. Gragert, Wichita, Kan. (Thomas A. Wood, Wichita, Kan., on the brief), for plaintiffs-appellants.

Donal D. Guffey, Kansas City, Mo. (Richard C. Byrd, Ottawa, Kan., on the brief), for defendant-appellee Gas Service Co.

Robert A. Vohs, Wichita, Kan. (Ralph B. Foster, Wichita, Kan., on the brief), for defendant-appellee Kansas Gas and Elec. Co.

Before HILL and DOYLE, Circuit Judges, and TALBOT SMITH, Senior District Judge.

TALBOT SMITH, Senior District Judge.

The action before us was brought February 21, 1973 under the Civil Rights Act of 1871, 42 U.S.C. § 1983. It was brought as a class action and relates to the so-called "late charge assessments" made by defendants Gas Service Company and Kansas Gas and Electric Company (hereinafter K.G. & E.). These late charge assessments impose an additional charge upon certain customers for failure to pay the amount due on the regular...

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