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LA. POWER & LIGHT v. LA. PUBLIC SERVICE COM'N

No. 60851.

358 So.2d 623 (1978)

LOUISIANA POWER & LIGHT CO., Plaintiff-Appellant, v. LOUISIANA PUBLIC SERVICE COMMISSION et al., Defendant and Intervenor-Appellees.

Supreme Court of Louisiana.

Dissenting Opinion On Denial of Rehearing May 19, 1978.

Attorney(s) appearing for the Case

Stanwood R. Duval, Jr., James M. Funderburk, Duval, Arceneaux, Lewis & Funderburk, Houma, for defendants-appellees.

Andrew P. Carter, Eugene G. Taggart, Monroe & Lemann, New Orleans, for plaintiff-appellant.

TATE, Justice.

The issue before us concerns whether either or both of two competing utilities erected "pre-emptive" lines in violation of La.R.S. 45:123 (1970).

Upon complaint of the South Louisiana Electric Cooperative Association ("SLECA"), the Louisiana Public Service Commission determined that the Louisiana Power & Light Company ("Louisiana Power") had, in violation of the cited statute, constructed a transmission line within 300 feet of an electrical...

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