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UNION ELEC. v. PLATTE-CLAY ELEC.

No. WD 43559.

814 S.W.2d 643 (1991)

UNION ELECTRIC COMPANY, Plaintiff/Appellant, v. PLATTE-CLAY ELECTRIC COOPERATIVE, INC., Defendant/Respondent.

Missouri Court of Appeals, Western District.

August 13, 1991.

Attorney(s) appearing for the Case

Edward R. Spalty, Armstrong, Teasdale, Schlafly, Davis & Dicus, Kansas City, for plaintiff-appellant.

Eugene J. Feldhausen, Kansas City, for defendant-respondent.

Before TURNAGE, P.J., LOWENSTEIN, C.J., and BRECKENRIDGE, J.

BRECKENRIDGE, Judge.

Appellant Union Electric Company appeals from the trial court's order dismissing its petition seeking injunctive relief against Respondent Platte-Clay Electric Cooperative. Union Electric Company's petition was dismissed for lack of subject matter jurisdiction. Union Electric Company sought to declare its exclusive right to provide electric service to "new structures" built on certain property within its franchise area.

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