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STATE EX REL. ST. LOUIS CTY. v. MO. PUB. SERV.

No. KCD 28605.

545 S.W.2d 375 (1976)

STATE ex rel. ST. LOUIS COUNTY SEWER COMPANY, Appellant, v. MISSOURI PUBLIC SERVICE COMMISSION, Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied December 23, 1976.

Application to Transfer Denied February 14, 1977.

Attorney(s) appearing for the Case

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

Leland B. Curtis, Thomas A. Hughes, L. Russell Mitten, Missouri Public Service Comm., Jefferson City, for respondent.

Before TURNAGE, P. J., and WELBORN and HIGGINS, Special Judges.

TURNAGE, Presiding Judge.

St. Louis County Sewer Company appeals following the denial by the Public Service Commission of its application for an interim rate increase. The denial was affirmed by the circuit court.

The Company urges its appeal should be determined on the merits, even though a permanent rate increase has been granted to it since this appeal was taken, because of its contention the Commission required it to consider contributions in aid of construction...

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