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MISSOURI-KANSAS-TEXAS RAILROAD CO. v. STATE

No. 60429.

712 P.2d 40 (1985)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, Appellant, v. The STATE of Oklahoma and the Etsi Pipeline Project, a Joint Venture of Texas Eastern Slurry Transport Company, Slurco Corporation, Northern Coal Pipeline Company and Overseas Bechtel, Inc., Appellees.

Supreme Court of Oklahoma.

As Corrected March 7, 1986.

Attorney(s) appearing for the Case

H.D. Binns, Jr., James Bailey, Gretchen Hoover, Oklahoma Corp. Com'n, Oklahoma City, for appellant.

Mike Turpen, Atty. Gen., Oklahoma City, Andrew Wilcoxen, Muskogee, for appellee, State ex rel Okla. Corp. Comn.

Chris Rhodes, John H. Tucker, Tulsa, for appellee, ETSI.

Dickson M. Saunders, Tulsa, for Public Service Co. of Oklahoma.

Leslie Pain, Anadarko, for Western Farmers.

Robert W. Sullivan, Vinita, Gene Stipe, Oklahoma City, for Grand River Dam Authority.

SUMMERS, Justice.

This controversy is the first challenge to the application and interpretation of Oklahoma law regulating the use of eminent domain by coal slurry pipelines. 27 O.S. 1981, § 7.1 et seq.

The appellant, Missouri-Kansas-Texas Railroad Co. (MKT) is contesting the decision of the Corporation Commission to grant Appellee ETSI Pipeline Project (ETSI) a license to exercise eminent domain powers in the...

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