EMPIRE DIST. ELEC. CO. v. COX

No. 10861.

588 S.W.2d 263 (1979)

The EMPIRE DISTRICT ELECTRIC COMPANY, a Kansas Corporation, Plaintiff-Respondent, v. Wendell F. COX and Marie L. Cox, his wife, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied October 17, 1979.

Application to Transfer Denied November 14, 1979.


Attorney(s) appearing for the Case

David E. Dwyer, Spencer, Scott & Dwyer, Joplin, Robert L. Hawkins, Jr., James C. Swearengen, Hawkins, Brydon & Swearengen, P. C., Jefferson City, for plaintiff-respondent.

Eugene E. Andereck, Allen W. Baker, Stockard, Andereck, Hauck, Sharp & Evans, Jefferson City, for defendants-appellants.


Motion for Rehearing or to Transfer to Supreme Court Denied October 17, 1979.

TITUS, Presiding Judge.

Defendants are owners of a 104 acre tract of land (approximately) located adjacent to Missouri Highway 76, near Branson, Taney County, Missouri.

Plaintiff is a public utility licensed to do business in Missouri. Also, plaintiff is certified by the Missouri Public Service Commission (P.S.C.) to provide electrical utility service in specified areas in...

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