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S.W. ELEC. P. CO. v. CARROLL ELEC. CO-OP.

No. 76-137.

554 S.W.2d 308 (1977)

SOUTHWESTERN ELECTRIC POWER COMPANY and Beaver Water District, Appellants, v. CARROLL ELECTRIC COOPERATIVE CORPORATION, Appellee.

Supreme Court of Arkansas, In Banc.

Rehearing Denied September 19, 1977.

Attorney(s) appearing for the Case

Walter R. Niblock, Fayetteville, for Beaver Water District.

Leonard Greenhaw, Fayetteville, and Richard L. Arnold, Texarkana, for Southwestern Electric Power Co.

Davis, Douglas & Penix, Springdale, for intervenor Springdale Water and Waste and Waste Water Commission.

Eugene T. Kelley, of Kelley, Luffman & Jennings, Rogers, for intervenor Rogers Water Works.

James N. McCord, II, Fayetteville, amicus curiae, for City of Fayetteville.

James F. Dickson, Fayetteville, for appellee Carroll Electric Cooperative Corp.

GEORGE E. CAMPBELL, Special Associate Justice.

This action arises from the providing of electric service to Beaver Water District ("Beaver") by Southwestern Electric Power Company ("SWEPCO"). Beaver is a regional water distribution district organized under Act No. 114 of 1957 (Ark.Stats.Ann. §§ 21-1401-1415), as amended. Beaver has constructed water intake, treatment and pumping facilities in an area certificated for electric service by the Arkansas Public...

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