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NOEC v. STATE EX REL. CORP. COM'N

No. 67619.

768 P.2d 901 (1989)

NORTHEAST OKLAHOMA ELECTRIC COOPERATIVE, INC., Appellant, v. STATE of Oklahoma ex rel. CORPORATION COMMISSION, Appellee.

Supreme Court of Oklahoma.

February 7, 1989.

Attorney(s) appearing for the Case

Logan, Lowry, Johnston, Switzer, West & McGeady by Donald K. Switzer, Vinita, for appellant.

Oklahoma Corp. Com'n by Lindil C. Fowler and Betsy R. Carr, Oklahoma City, for appellee.

HODGES, Justice.

This is an appeal from Oklahoma Corporation Commission (Commission) Order No. 304638 requiring Northeast Oklahoma Electric Cooperative (NOEC) to provide electric service to the Rice residence so long as a life-threatening situation exists, notwithstanding the Rices' inability to pay their account. Three issues are presented: (1) Does the application of Electric Rule 40(I) result in a "taking" of property...

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