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STATE EX REL. PATTON v. MAYOR & BD., ETC.

626 S.W.2d 5 (1981)

STATE of Tennessee, ex rel. James PATTON, Appellant, v. MAYOR AND BOARD OF ALDERMEN, CITY OF LEXINGTON, Appellees.

Supreme Court of Tennessee, at Jackson.

December 28, 1981.

Attorney(s) appearing for the Case

Dwayne D. Maddox, Maddox & Ivey, Huntingdon, for appellant.

Ken Walker, Barry, Walker & Walker, Howard F. Douglas, Lexington, for appellees.

OPINION

COOPER, Justice.

This appeal presents the question: Can a municipal corporation abolish a Board of Public Utilities created by it under authority of the "Municipal Electric Plant Law of 1935,"1 and return control of the utility to the governing board of the municipality. The chancellor concluded it can, and we agree.

The Municipal Electric Plant Law of 1935, in part, authorizes municipalities "to acquire, improve...

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