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STATE EX REL. MARTIGNEY CREEK v. PUBLIC SERV.

No. 58987.

537 S.W.2d 388 (1976)

STATE ex rel. MARTIGNEY CREEK SEWER COMPANY, Relator-Appellant, v. PUBLIC SERVICE COMMISSION of the State of Missouri, Respondent. STATE ex rel. HOME BUILDERS ASSN. OF GREATER ST. LOUIS, Intervenor-Respondent-Relator-Appellant, v. PUBLIC SERVICE COMMISSION of the State of Missouri, Respondent. STATE ex rel. ST. LOUIS COUNTY, Missouri, Intervenor-Respondent-Relator-Appellant, v. PUBLIC SERVICE COMMISSION of the State of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied June 14, 1976.

Attorney(s) appearing for the Case

Louis A. Robertson, Robertson, Ely & Wieland, St. Louis, for relators.

Dominic Troiani, Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Thomas W. Wehrle and Robert H. Grant, Clayton, for appellants.

Leland Curtis, General Counsel, Paul W. Phillips & David L. Smith, Asst. General Counsel, General Counsel to the Missouri Public Service Commission, Jefferson City, for respondent.

BARDGETT, Judge.

This is an appeal from an order of the Public Service Commission of Missouri (PSC) which denied the rate increase sought by Martigney Creek Sewer Company (Martigney), a private sewer utility, and granted a lesser rate increase. Home Builders Assn. of Greater St. Louis (HBA) and St. Louis county participated in the PSC hearings as intervenors and generally opposed the rate increase sought by Martigney. The PSC order was affirmed by the circuit court...

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