GRINDSTED PRODUCTS v. KAN. CITY POWER & LIGHT CO

No. 72,456

21 Kan. App. 2d 435 (1995)

GRINDSTED PRODUCTS, INC., Appellant, v. KANSAS CITY POWER & LIGHT CO., Defendant/Appellee, and THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Intervenor/Appellee.

Court of Appeals of Kansas.

Opinion filed August 4, 1995.


Attorney(s) appearing for the Case

C. Edward Peterson and Jeremiah D. Finnegan, of Finnegan, Conrad & Peterson, of Kansas City, Missouri, for appellant.

William G. Riggins and Derek E. Wood, of Kansas City, Missouri, for defendant/appellee.

Dan Riley, Brian J. Moline, and Susan B. Cunningham, of Topeka, for intervenor/appellee.

Before BRAZIL, C.J., LEWIS, J., and JACK L. BURR, District Judge assigned.


BRAZIL, C.J.:

Grindsted Products, Inc., (Grindsted) appeals the district court's dismissal of its claim for lack of subject matter jurisdiction. Grindsted argues that a claim for damages under K.S.A. 66-176 need not be first determined by the Kansas Corporation Commission (KCC). We affirm the district court's order dismissing Grindsted's action.

The facts are largely undisputed on appeal. Grindsted manufactures bulk food products. Kansas City Power & Light...

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