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STATE EX REL. CAPITAL CITY WATER v. PSC

No. WD 45857.

850 S.W.2d 903 (1993)

STATE of Missouri, ex rel. CAPITAL CITY WATER COMPANY, Appellant, v. MISSOURI PUBLIC SERVICE COMMISSION, Respondent, and Public Counsel for the State of Missouri, and City of Jefferson, Missouri, Intervenor-Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied April 27, 1993.

Attorney(s) appearing for the Case

W.R. England, III, Brydon, Swearengen & England, P.C., Jefferson City, for appellant.

Robert J. Hack, Jefferson City, for respondent Missouri Public Service Commission.

Lewis R. Mills, Jefferson City, for intervenor-respondent Public Counsel for the State of Missouri.

Bernard Allen Garner, Jefferson City, for intervenor-respondent City of Jefferson, Missouri.

Before TURNAGE, P.J., and BRECKENRIDGE and HANNA, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 27, 1993.

BRECKENRIDGE, Judge.

Capital City Water Company (Company) appeals from an order of the circuit court affirming a decision of the Missouri Public Service Commission (Commission) in a water utility rate case. The Company claims that the circuit court erroneously affirmed the Commission's decision because: (1) the Commission is estopped from finding a contract between the Company and...

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