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CITY OF ABBEVILLE v. AIKEN ELECTRIC COOP.

22435

287 S.C. 361 (1985)

338 S.E.2d 831

The CITY OF ABBEVILLE, et al., Plaintiffs, v. AIKEN ELECTRIC COOPERATIVE, INC., et al, Defendants.

Supreme Court of South Carolina.

Decided December 30, 1985.

Attorney(s) appearing for the Case

James M. Brailsford, III, and Frank R. Ellerbe, III, of Robinson, McFadden, Moore, Pope, Williams, Taylor, and Brailsford, P.A., Columbia, for plaintiffs.

E. Crosby Lewis and Frank S. Potts, of Lewis, Lewis, Bruce & Truslow, Columbia, and John C. Lindsay, of Lindsay and Lindsay, Bennettsville, for defendants.

Robert E. Lyon, Jr., and Roy D. Bates, Columbia, amicus curiae for Municipal Ass'n of South Carolina.

Francis P. Mood and Belton T. Zeigler, of Boyd, Knowlton, Tate & Finlay, Patricia T. Marcotsis, Columbia, and John A. Martin, Winnsboro, amicus curiae for South Carolina Elec. and Gas. Co., Inc.

Thomas E. McCutchen and Herbert W. Hamilton, of Whaley, McCutchen, Blanton & Rhodes, Columbia, and C.H. McGlothlin, Jr., Moncks Corner, amicus curiae for South Carolina Public Service Authority.

Heard June 27, 1985.

Decided Dec. 30, 1985.

Per Curiam:

Plaintiffs, 88 muncipalities and Boards of Commissioners of Public Works (Cities), invoked the original jurisdiction of this court seeking a declaration of the constitutionality of Act 431 of the 1984 General Assembly (the Act). They contend that the Act contravenes S.C. Const. art. VIII, §§ 15 and 16.

Defendants are 22 rural electric cooperatives (Co-ops).

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