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

No. WD 34535.

674 S.W.2d 660 (1984)

STATE of Missouri ex rel., John ASHCROFT, Attorney General, ex inf., John A. PELZER, Commissioner of Administration, Appellant, v. PUBLIC SERVICE COMMISSION of the State of Missouri, Respondent, and Missouri Power & Light Company, Intervenor/Respondent. and STATE of Missouri ex rel. John C. DANFORTH, Attorney General, Relator/Appellant, v. PUBLIC SERVICE COMMISSION of the State of Missouri, Respondent, and Missouri Power & Light Company, Intervenor/Respondent.

Missouri Court of Appeals, Western District.

July 24, 1984.

Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., William Clark Kelly, Shelly A. Woods, Asst. Attys. Gen., Jefferson City, for appellant.

Gary W. Duffy, Hawkins, Brydon & Swearengen, P.C., Jefferson City, for intervenor-respondent Mo. Power & Light Co.

Eric Kendall Banks, Asst. General Counsel, Jefferson City, for Mo. Public Service Com'n.

Before SOMERVILLE, P.J., and CLARK and LOWENSTEIN, JJ.

CLARK, Judge.

The State of Missouri as appellant seeks review in this consolidated action of proceedings separately presented to the Public Service Commission regarding late payment charges imposed on state accounts owed to respondent electric utility companies. The question presented is whether the state as sovereign may be involuntarily subjected to added charges for failure to make timely payment of bills for electric services consumed.

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