STATE EX REL. OFFICE OF PUBLIC COUNSEL v. MISSOURI PUBLIC SERVICE COM'N

No. WD 39256.

741 S.W.2d 114 (1987)

STATE ex rel. OFFICE OF the PUBLIC COUNSEL, Relator-Appellant, v. MISSOURI PUBLIC SERVICE COMMISSION, et al., Respondents.

Missouri Court of Appeals, Western District.

December 15, 1987.


Attorney(s) appearing for the Case

Joni K. Ott, Office of the Public Counsel, Jefferson City, for relator-appellant.

Paul H. Gardner, Deputy General Counsel, Jefferson City, for Respondents.

Before KENNEDY, C.J., and TURNAGE and LOWENSTEIN, JJ.


TURNAGE, Judge.

The Public Counsel filed a petition for a writ of prohibition against the Public Service Commission in the Circuit Court of Cole County. The court issued a preliminary order, and after the Commission filed its return, the court found that the preliminary order had been improvidently issued and that the court lacked jurisdiction to issue such order. The effect of such ruling was to dismiss the petition.

The Public Counsel has appealed, and the...

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