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BATON ROUGE WATER WORKS CO. v. LA. PUB. SERV. COMM.

No. 58307.

342 So.2d 609 (1977)

The BATON ROUGE WATER WORKS COMPANY, Plaintiff-Appellee, v. LOUISIANA PUBLIC SERVICE COMISSION, Defendant-Appellant.

Supreme Court of Louisiana.

Rehearing Denied March 2, 1977.

Attorney(s) appearing for the Case

Marshall B. Brinkley, Gen. Counsel, Louisiana Public Service Commission, Baton Rouge, for defendant-appellant.

F. W. Middleton, Jr., Taylor, Porter, Brooks & Phillips, Baton Rouge, for plaintiff-appellee.

TATE, Justice.

The plaintiff ("Baton Rouge Water") sought judicial review in district court of the defendant Commission's failure to authorize higher rates so as to produce a 13% return on equity, as applied for, instead of the 10.5% allowed by the commission. The district court found the Commission's allowance of only 10.5% profit arbitrary, as contrary to the evidence, because allegedly the uncontradicted testimony of Baton Rouge Water's expert showed the utility...

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