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BERKELEY ELEC. COOP., INC. v. TOWN OF MT. PLEASANT

23645

308 S.C. 205 (1992)

417 S.E.2d 579

BERKELEY ELECTRIC COOPERATIVE, INC., Respondent v. TOWN OF MOUNT PLEASANT and South Carolina Electric & Gas Company, Appellants.

Supreme Court of South Carolina.

Decided April 27, 1992.

Attorney(s) appearing for the Case

James M. Brailsford, III, of Robinson, McFadden & Moore, P.C., Columbia, for appellant Town of Mount Pleasant.

Belton T. Zeigler, of Lewis, Babcock, Pleicones & Hawkins, Columbia, for appellant South Carolina Elec. & Gas Co.

Thomas S. Tisdale, Jr. and Stephen P. Groves, both of Young, Clement, Rivers & Tisdale, Charleston, and John B. Williams, of Williams & Landis, Moncks Corner, for respondent Berkeley Elec. Co-op., Inc.

Heard March 10, 1992.

Decided April 27, 1992.

HARWELL, Chief Justice:

Appellants Town of Mount Pleasant (Mount Pleasant) and South Carolina Electric & Gas Company (SCE&G) assert that the trial judge erred in upholding an agreement entered into by Mount Pleasant and respondent Berkeley Electric Cooperative, Inc. (Berkeley) in 1982. We agree and reverse.

I. FACTS

Berkeley distributes electrical power to customers in Charleston...

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