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STATE EX REL. AP & L v. PUBLIC SERV. COM'N

No. WD 38897.

736 S.W.2d 457 (1987)

STATE ex rel. ARKANSAS POWER & LIGHT COMPANY, Appellant, v. MISSOURI PUBLIC SERVICE COMMISSION, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Denied September 1, 1987.

Application to Transfer Denied October 13, 1987.

Attorney(s) appearing for the Case

James C. Swearengen, Jefferson City, for appellant.

Paul H. Gardner, Jefferson City, for respondent.

Robin Edward Fulton, Fredericktown, for intervenor.

Before KENNEDY, P.J., and LOWENSTEIN and GAITAN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 1, 1987.

LOWENSTEIN, Judge.

In this appeal by a utility company from an order involving a rate increase, the primary issue presented is whether the regulatory body may, as sanctions for enforcement of discovery, Rule 61.01, strike crucial evidence of the applicant.

Arkansas Power & Light Company (AP & L), a wholesale and retail electric supplier, has a service area in eight...

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