CITY OF KIRKWOOD v. UNION ELEC. CO.

No. 65413.

896 S.W.2d 946 (1995)

CITY OF KIRKWOOD, Plaintiff/Appellant, v. UNION ELECTRIC COMPANY, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied April 3, 1995.

Application to Transfer Denied May 30, 1995.


Attorney(s) appearing for the Case

Robert B. Hoemeke, John M. Hessel, Elizabeth W. Lane, Lewis, Rice & Fingersh, St. Louis, for appellant.

James J. Virtel, Armstrong, Teasdale, Schlafly & Davis, Debra H. Janoski, Associate Gen. Counsel, Union Elec. Co., St. Louis, for respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied April 3, 1995.

SMITH, Presiding Judge.

The City of Kirkwood brought this action to condemn Union Electric's electric distribution facility serving certain Kirkwood residents. The trial court dismissed without prejudice on the basis that jurisdiction was in the Public Service Commission. Kirkwood appealed to this court and subsequently sought transfer before opinion to the Supreme Court because of...

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