KANSAS CITY POWER & LIGHT CO. v. KCC

No. 48,712

224 Kan. 86 (1978)

578 P.2d 254

KANSAS CITY POWER & LIGHT COMPANY, Appellee, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, G.T. VAN BEBBER, As Chairman, R.C. LOUX and WILLIAM G. GRAY, As Members of Said Commission, and The Respective Successors in Office, Appellants.

Supreme Court of Kansas.

Opinion filed May 6, 1978.


Attorney(s) appearing for the Case

Carl M. Anderson, assistant general counsel, argued the cause and Thomas J. Pitner, general counsel, was with him on the brief for appellant.

Arthur J. Doyle, vice president and general counsel, argued the cause, and David L. Smith, of Kansas City, Missouri, and Leighton A. Fossey, of Mound City, were with him on the brief for appellee.

James C. Mordy, of Kansas City, Missouri, and Thomas E. Gleason, of Ottawa, attorneys for Central Kansas Power Company, Inc.; Richard C. Byrd, of Ottawa, attorney for Central Telephone and Utilities Corporation and Empire District Electric Company, Inc.; James L. Grimes, Jr., of Topeka, and Basil W. Kelsey, of Kansas City, Missouri, attorneys for The Kansas Power and Light Company; and Ralph Foster, of Wichita, attorney for Kansas Gas and Electric Company, were on the brief amici curiae.


The opinion of the court was delivered by

HOLMES, J.:

This is an appeal from an order of the District Court of Linn County in which the trial court reversed orders of the State Corporation Commission entered in an electric service rates proceeding for the reason that the orders of the Commission were found to be unlawful and unreasonable. The Commission appeals although it appears that neither party was satisfied with the judgment of the trial court.

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