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MISSOURI PUBLIC SERVICE v. PLATTE-CLAY ELEC.

No. 66830.

700 S.W.2d 838 (1985)

MISSOURI PUBLIC SERVICE COMPANY, Appellant, v. PLATTE-CLAY ELECTRIC COOPERATIVE, INC., Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 17, 1985.

Attorney(s) appearing for the Case

John R. Phillips, William H. Sanders, James D. Conkright, Preston Dean, Kansas City, for appellant.

Eugene J. Feldhausen, Donald W. Petty, Kansas City, for respondent.

Gary W. Duffy, Mark W. Comley, Jefferson City, for amici curiae Investor-Owned Utilities.

Rodric A. Widger, Eugene E. Andereck, Jefferson City, for Assoc. of Mo. Elec. Co-op., Inc.

ROBERTSON, Judge.

This is a suit for injunction and declaratory relief brought by the Missouri Public Service Company (hereafter MoPub) against Platte-Clay Electric Cooperative, Inc. (hereafter the Cooperative) to declare MoPub's exclusive right to provide electric service to a tract of land within MoPub's franchise area presently served by the Cooperative. The issue is whether § 394.315, RSMo Cum.Supp.1984, entitles...

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