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STATE EX REL. PUBLIC WATER SUPPLY DIST. v. PUBLIC SERVICE COM'N

No. WD 30771.

600 S.W.2d 147 (1980)

STATE of Missouri ex rel. PUBLIC WATER SUPPLY DISTRICT NO. 8 OF JEFFERSON COUNTY, Missouri, Respondent, v. PUBLIC SERVICE COMMISSION of the State of Missouri, Appellant, and Cedar Hill Estates Water Company, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied June 9, 1980.

Application to Transfer Denied July 15, 1980.

Attorney(s) appearing for the Case

Steve Ellinger, L. Russell Mitten, II, Paul W. Phillips and Rory Ellinger, Jefferson City, for appellant Public Service Commission.

Charles F. Dufour of Yarbrough & Dufour, Clayton, for appellant Cedar Hill Estates Water Co., Inc.

John W. Howald of Thurman, Nixon, Smith, Howald, Weber & Bowles, Hillsboro, for respondent.

Brief amicus curiae filed on behalf of Missouri Rural Water Association by James C. Butcher, Columbia.

Before TURNAGE, P. J., and SHAGLER and MANFORD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 9, 1980.

MANFORD, Judge.

This is an appeal from a circuit court judgment reversing an order of the Missouri Public Service Commission which had granted a certificate of convenience and necessity to construct and operate a water utility. The judgment of the circuit court is reversed and remanded with instructions.

The proceedings and orders of the Missouri Public Service Commission are...

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