KROGER CO. v. APPALACHIAN POWER CO.

Record No. 920078.

422 S.E.2d 757 (1992)

The KROGER COMPANY v. APPALACHIAN POWER COMPANY.

Supreme Court of Virginia.

November 6, 1992.


Attorney(s) appearing for the Case

John L. Cooley, Roanoke (Robert A. Mullen, Wooten & Hart, on briefs), for appellant.

James W. Jennings, Jr., Roanoke (Frank K. Friedman, Woods, Rogers & Hazlegrove, on brief), for appellee.

Present: All the Justices.


KEENAN, Justice.

In this appeal, we consider whether the trial court properly sustained a plea in bar filed by Appalachian Power Company (APCO), which asserted that Tariff No. 11 (the Tariff), issued by the State Corporation Commission, barred an action against APCO brought by The Kroger Company (Kroger).1

Kroger filed a motion for judgment seeking $1.5 million from APCO, Creative Construction and Development Corporation (Creative...

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