PLANNED INDUS., ETC. v. SOUTHWESTERN BELL TEL. CO.

No. 61897.

612 S.W.2d 772 (1981)

PLANNED INDUSTRIAL EXPANSION AUTHORITY OF the CITY OF ST. LOUIS et al., Respondents, v. SOUTHWESTERN BELL TELEPHONE COMPANY, Appellant, v. The CITY OF ST. LOUIS, MISSOURI, Respondent.

Supreme Court of Missouri, En Banc.

March 9, 1981.


Attorney(s) appearing for the Case

Thad Hollie, Jr., St. Louis, for appellant.

Irvin Dagen, St. Louis, for respondents.

Robert C. McNicholas, St. Louis, for third party-defendant.


MORGAN, Justice.

The trial court entered what it designated as a Partial Summary Judgment wherein it declared that § 392.080, RSMo (as amended by Laws 1974, p. 892, § 1), was unconstitutional and ordered that said judgment be considered final for purposes of appeal; and, all parties agree that our present review is limited to those constitutional questions flowing therefrom.

The suit itself involves a dispute among the parties 1...

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