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CITY OF NICHOLASVILLE v. BLUE GRASS R. E. COOP. CORP.

514 S.W.2d 414 (1974)

CITY OF NICHOLASVILLE, a municipal corporation, Appellant, v. BLUE GRASS RURAL ELECTRIC COOPERATIVE CORPORATION, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied November 1, 1974.

Attorney(s) appearing for the Case

William Miles Arvin, Nicholasville, and C. Gibson Downing, Jr., Stoll, Keenon & Park, Lexington, for appellant.

Howard N. Downing, Nicholasville, and Philip P. Ardery, Brown, Todd & Heyburn, Louisville, for appellee.

H. Hamilton Rice, Jr., Sandidge, Holbrook & Craig, PSC, Owensboro, for amicus curiae Green River Electric Corp.

John W. Beard, Jones, Beard & Harrington, Owensboro, for amicus curiae City Utilities Commission of City of Owensboro.

CULLEN, Commissioner.

In a declaratory judgment action brought by the City of Nicholasville against Blue Grass Rural Electric Cooperative Corporation, the city sought a declaration that its municipally owned electric plant had the sole and exclusive right to provide electric service within an area of 282.87 acres annexed to the city in 1971, and that Blue Grass had no right to provide electric service in that area without the consent of the city, and no authority...

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