STATE EX REL. IMPERIAL UTILITY v. BORGMANN

No. WD 33820.

664 S.W.2d 215 (1983)

STATE of Missouri ex rel. IMPERIAL UTILITY CORPORATION (Appellant), v. Reinhold W. BORGMANN and Joan M. Borgmann, (Intervenors-Respondents), and Public Service Commission of the State of Missouri (Respondents).

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied June 28, 1983.

Application for Transfer Sustained August 16, 1983.

Case Retransferred January 31, 1984.

Opinion Readopted February 6, 1984.


Attorney(s) appearing for the Case

Mark G. Arnold, Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, for appellant.

Mary Ann Garr, Asst. Gen. Counsel, Public Service Com'n of Mo., Jefferson City, for respondents.

Nicholas G. Gasaway, Wegmann, Gasaway, Stewart, Schneider, Dickhaner, Tesreau & Stoll, P.C., Hillsboro, for intervenor.

Before WASSERSTROM, P.J., and TURNAGE and CLARK, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied June 28, 1983.

Court of Appeals Opinion Readopted February 6, 1984.

CLARK, Judge.

Appellant Imperial Utility Corporation was found by order of the Public Service Commission to have violated its tariff in wrongfully terminating sewer service to a shopping center owned by intervenors-respondents Borgmann. On review, the circuit court of Cole County affirmed the Commission order...

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