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OKLAHOMA GAS & ELEC. CO. v. LANKFORD

No. 82-254.

648 S.W.2d 65 (1983)

278 Ark. 595

OKLAHOMA GAS AND ELECTRIC COMPANY, Petitioner, v. John LANKFORD et al., Respondents.

Supreme Court of Arkansas.

March 21, 1983.

Attorney(s) appearing for the Case

House, Holmes & Jewell, P.A., Little Rock, and Bryan & Fitzhugh by John H. Fitzhugh, Fort Smith, for appellant.

Steve Clark, Atty. Gen., Little Rock, for Honorable John G. Holland, Circuit Judge.

Martin, Vater & Karr by Charles Karr, Fort Smith, for respondents.

ADKISSON, Chief Justice.

Petitioner, Oklahoma Gas and Electric Company (OG & E), seeks to prohibit the Sebastian County Circuit Court from exercising jurisdiction over a class action suit for declaratory judgment filed by respondents, customers and ratepayers of petitioner. Respondents requested that that part of Ark.Stat.Ann. § 73-217 (Repl.1979 and Supp.1981) which allows a utility to collect a requested rate increase under bond be held unconstitutional...

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