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CITY OF AIKEN v. AIKEN ELECTRIC COOPERATIVE, INC.

23480

305 S.C. 466 (1991)

409 S.E.2d 403

CITY OF AIKEN, a political subdivision in the State of South Carolina, The South Carolina Municipal Association, and South Carolina Electric & Gas Company, Respondents v. AIKEN ELECTRIC COOPERATIVE, INC., Central Electric Power Cooperative, Inc., and The South Carolina Public Service Authority, Appellants.

Supreme Court of South Carolina.

Decided September 23, 1991.

Rehearing Denied October 22, 1991.

Attorney(s) appearing for the Case

Thomas E. Huff, of North Augusta, and E. Crosby Lewis, of Lewis & Bruce, P.A., Columbia, for appellant Aiken Elec. Coop., Inc.

C. Pinckney Roberts, Columbia, for appellant Cent. Elec. Power Co-op., Inc.

Carolyn C. Matthews, Arthur L. Coleman and Dwight F. Drake, of Nelson, Mullins, Riley & Scarborough, Columbia, for appellant South Carolina Public Service Authority.

James M. Holly, of Henderson & Salley, Aiken, for respondent City of Aiken.

James M. Brailsford, III, of Robinson, McFadden & Moore, P.C., Columbia, for respondent South Carolina Mun. Ass'n.

Belton T. Zeigler, of Lewis, Babcock, Pleicones & Hawkins, Columbia, and John A. Martin, of Winnsboro, for respondent South Carolina Elec. & Gas Co.

Heard May 6, 1991.

Decided Sept. 23, 1991.

Rehearing Denied Oct. 22, 1991.

FINNEY, Justice:

This is an appeal from a circuit court order denying Appellant Aiken Electric Cooperative, Inc.'s (Aiken Electric) Motion to Dismiss and granting Respondent City of Aiken's (City) Motion for Summary Judgment. We affirm.

Portions of Aiken Electric's service area included territory newly annexed into the City, and it sought a franchise to serve...

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