CITY OF MARSHALL v. CONSUMERS POWER CO.

Docket Nos. 156321, 156322, 156464.

206 Mich. App. 666 (1994)

523 N.W.2d 483

CITY OF MARSHALL v. CONSUMERS POWER COMPANY CITY OF MARSHALL v. CONSUMERS POWER COMPANY CITY OF MARSHALL v. CONSUMERS POWER COMPANY

Michigan Court of Appeals.

Decided September 7, 1994, at 9:05 A.M.


Attorney(s) appearing for the Case

Varnum, Riddering, Schmidt & Howlett (by Teresa S. Decker), for the City of Marshall.

W.E. Wisner, for Consumers Power Company.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Don L. Keskey and Tonatzin M. Alfaro Garcia, Assistant Attorneys General, for the Public Service Commission.

Amici Curiae:

Dickinson, Wright, Moon, Van Dusen & Freeman (by Kester K. So and Michael S. Ashton), for the Michigan Municipal League and others.

Bauckham, Sparks, Rolfe & Thomsen, P.C. (by Lynda E. Thomsen), for the Michigan South Central Power Agency.

Before: MURPHY, P.J., and McDONALD and F.D. BROUILLETTE, JJ.


ON REMAND

ON SECOND REMAND

PER CURIAM.

In Docket No. 156321, Consumers Power Company claims an appeal from an order entered on August 30, 1990, by the Public Service Commission (PSC) in Case No. U-9561, granting the complaint filed by plaintiff, City of Marshall, and enjoining Consumers from extending electric service to Progressive Dynamics, Inc., without first seeking to obtain a certificate of public convenience

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