STATE ex rel. Thomas (Doug) KNIGHT
v.
The PUBLIC SERVICE COMMISSION of West Virginia and E. Dandridge McDonald, etc., et al.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
April 7, 1978.
Concurring Opinion May 22, 1978.
Attorney(s) appearing for the Case
W. Va. Legal Services Plan, Inc., John C. Purbaugh, Leonard B. Knee, Charleston, for relator.
Ann V. Dornblazer, Arnold O. Weiford, Legal Division, Public Service Com., Charleston, for respondents.
Richard S. Weygandt, Fairmont, Jackson, Kelly, Holt & O'Farrell, F. Paul Chambers, Michael A. Albert and W. Henry Jernigan, Jr., Charleston, for intervenor Monongahela Power Co.
Steptoe & Johnson, Willis O. Shay, Clarksburg, for The Cabot Corp., et al., amicus curiae.
Thomas N. Hann, Charleston, for W. Va. Small Public Utilities Ass'n, amicus curiae.
Supreme Court of Appeals of West Virginia.
NEELY, Justice:
This action in prohibition challenges the constitutionality of W.Va.Code, 24-2-4 [1974]1 which authorizes a public utility to charge rate increases before a final determination of the legitimacy of those increases by the Public Service Commission. This action arises in prohibition but we are not quite certain what it is that the relator would have us prohibit, as the statutory...
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