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CITY OF PRYOR CREEK v. PUBLIC SERVICE CO. OF OK.

No. 46252.

536 P.2d 343 (1975)

The CITY OF PRYOR CREEK, Oklahoma, a municipal corporation, Appellant, v. PUBLIC SERVICE COMPANY OF OKLAHOMA, a corporation, Appellee.

Supreme Court of Oklahoma.

June 3, 1975.

Attorney(s) appearing for the Case

Lyons & Dean, by Larry D. Stewart, Pryor, for appellant.

Doerner, Stuart, Saunders, Daniel & Langenkamp, by Robert L. Lawrence, R. Dobie Langenkamp, Stephanie K. Seymour, Tulsa, for appellee.

Huffman, Arrington, Scheurich & Kihle, by John L. Arrington, Tulsa, amicus curiae Okl. Natural Gas Co.

Randolph S. Meacham, City Atty., Duncan, amicus curiae City of Duncan, Okl.

Haswell & Gordon by J. Dell Gordon, Oklahoma City, amicus curiae Municipal Electric Systems of Okl.

HODGES, Vice Chief Justice.

The question presented is whether a municipality by eminent domain without specific statutory authority, may condemn a privately owned public utility's facilities and utilize them for the same purpose.

This is an appeal from the order of the trial court which sustained Public Service Company of Oklahoma's (PSC) objection to the report of commissioners and motion to dismiss in a condemnation...

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