CAJUN ELEC. POWER CO-OP., INC. v. LA. P.S.C.

No. 88-CA-1719.

532 So.2d 1372 (1988)

CAJUN ELECTRIC POWER COOPERATIVE, INC., et al. v. The LOUISIANA PUBLIC SERVICE COMMISSION.

Supreme Court of Louisiana.

Rehearing Granted December 15, 1988.


Attorney(s) appearing for the Case

John Schwab, Schwab & Walter, Baton Rouge, James J. Thornton, Johnston & Thornton, Shreveport, W.M. Shaw, Shaw & Shaw, Homer, E. Rudolph McIntyre, Winnsboro, James B. Supple, Darnall, Biggs, Trowbridge, Supple & Cremaldi, Franklin, James J. Davidson, III, Davidson, Meaux, Sonnier & Mcelligott, Lafayette, Wendell Miller, Millican, Miller & Buisson, Jennings, James Funderburk, Duval, Funderburk, Sundbery & Lovell, Hoyma, for plaintiffs-appellants.

Marshall Brinkley, Baton Rouge, Michael R. Fontham, Paul L. Zimmering, Noel J. Darce, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, for defendant-appellee.


WATSON, Justice.

Plaintiffs,1 nonprofit electric cooperatives, ask for a declaratory judgment on the constitutionality of LSA-R.S. 12:409 G.(3)(a) and (b)2 which deal with rate fixing and elections for "Any cooperative not under the jurisdiction of the Public Service Commission." Plaintiffs also ask injunctive relief against regulation by the Public Service Commission...

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