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STATE EX REL. FISCHER v. PUBLIC SERVICE COM'N

No. 33143.

645 S.W.2d 39 (1982)

STATE ex rel. James M. FISCHER, Public Counsel for the State of Missouri, Relator-Appellant, v. PUBLIC SERVICE COMMISSION OF MISSOURI, Respondents, and Laclede Gas Company, Intervenor-Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Overruled and Denied January 4, 1983.

Application to Transfer Denied February 23, 1983.

Attorney(s) appearing for the Case

James M. Fischer, Michael C. Pendergast, Jefferson City, for relator-appellant.

William C. Harrelson, Jefferson City, for respondents.

Donald L. Godiner, Robert M. Lee, St. Louis, for intervenor-respondent.

Before NUGENT, P.J., and TURNAGE and LOWENSTEIN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied January 4, 1983.

TURNAGE, Judge.

James M. Fischer, Public Counsel, appeals from a judgment of the Circuit Court which affirmed an order made by the Public Service Commission. Fischer contends the order is illegal because it was made without statutory authority. Reversed and remanded.

On August 15, 1977, the Commission sua sponte instituted an investigation of the rate design...

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