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CITY OF WICHITA v. KANSAS CORPORATION COMMISSION

No. 49,878

225 Kan. 524 (1979)

592 P.2d 880

THE CITY OF WICHITA, KANSAS, A Municipal Corporation, Appellee, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS; G.T. VAN BEBBER, Chairman; WILLIAM G. GRAY and R.C. LOUX, Commissioners, and their Respective Successors in Office, as Members of the State Corporation Commission of the State of Kansas, Appellant.

Supreme Court of Kansas.

Opinion filed March 31, 1979.

Attorney(s) appearing for the Case

A. Rodman Johnson, assistant general counsel for the State Corporation Commission, argued the cause, and Thomas J. Pitner, general counsel, and Russell E. Bishop, assistant general counsel, were with him on the brief for the appellant.

Richard Jones, of Hershberger, Patterson, Jones & Roth, of Wichita, argued the cause, and Jerome E. Jones, of the same firm, and John Dekker, city attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is an appeal by the State Corporation Commission of the State of Kansas (Commission) from an order of the district court reversing an order of the Commission whereby the Commission had claimed jurisdiction over the issuance of revenue bonds for the operation of a gas utility by the City of Wichita (City). The district court found the statute by which the Commission claimed jurisdiction was unconstitutionally...

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