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BLUE RIDGE ELECTRIC COOP. v. CITY OF SENECA

22958

297 S.C. 283 (1989)

376 S.E.2d 514

BLUE RIDGE ELECTRIC COOPERATIVE, INC., Respondent v. CITY OF SENECA, South Carolina, Appellant.

Supreme Court of South Carolina.

Decided February 6, 1989.

Attorney(s) appearing for the Case

Michael J. Smith, Seneca, Alexander S. Macauley of Miley, Macauley & Cain, Walhalla, M. John Bowen, Jr., Robert T. Bockman and Deborah A. Davis, all of McNair Law Firm, P.A., Columbia, for appellant.

E. Corsby Lewis and Frank S. Potts of Lewis, Lewis, Bruce & Potts, P.A., Columbia, Henry F. Floyd of Acker, Acker, Floyd & Welmaker, Pickens, John C. Lindsay, Jr. of Lindsay & Lindsay, John I. Rogers, III of Bennettsville, and Larry C. Brandt, Walhalla, for respondent.

Belton T. Zeigler, Frank W. Cureton and Edward K. Pritchard, III of Sinkler & Boyd, Columbia, for South Carolina Elec. and Gas Co., amicus curiae.

C. Pinckney Roberts, Columbia, and Charles L. Compton, Laurens, for Elec. Co-op. of South Carolina, Inc., Cent. Elec. Power Co-op., Inc., and Saluda River Elec. Co-op., Inc., amicus curiae.

Dwight F. Drake, Arthur L. Coleman and Charles M. Black, Jr., Columbia, for South Carolina Public Service Authority, amicus curiae.

James M. Brailford, III and Frank R. Ellerbe, III, Columbia for South Carolina Ass'n. of Municipal Power Systems.

Roy D. Bates, Columbia, for Mun. Ass'n. of South Carolina.

Heard Dec. 7, 1988.

Decided Feb. 6, 1989.

Per Curiam:

This case involves a city's provision of electric service to an annexed area which had been previously assigned to another electric supplier. The circuit court enjoined the city from providing this service. The city appeals, and we now reverse.

FACTS

The City of Seneca ("the City"), in Oconee County, owns and operates an electric distribution system which provides electric...

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