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BROAD RIV. ELEC. CO-OP v. BD. OF PUB. WORKS

No. 24286.

460 S.E.2d 386 (1995)

BROAD RIVER ELECTRIC COOPERATIVE, INC. and Duke Power Company, Respondents, v. BOARD OF PUBLIC WORKS OF the CITY OF GAFFNEY, Appellant.

Supreme Court of South Carolina.

Decided July 24, 1995.

Rehearing Denied August 24, 1995.

Attorney(s) appearing for the Case

Robert T. Bockman, Robert W. Dibble, Jr. and Margaret M. Fox all of McNair & Sanford, Columbia, for appellants.

E. Crosby Lewis and John J. Fantry both of Lewis, Rogers & Lark, Columbia, for respondent Broad River Elec. Cooperative, Inc..

William Frederick Austin, Richard Lee Whitt both of The Austin Law Firm, Columbia; and Jefferson D. Griffith, III and Mary Lynne Grigg, Charlotte, NC, for respondent Duke Power Co.

WALLER, Justice:

The Board of Public Works of the City of Gaffney (Gaffney) appeals three orders holding it in contempt. We hold Circuit Court was without subject matter jurisdiction over the matter and, accordingly, the orders are vacated.

FACTS

In 1985, Gaffney extended electric service (1985 Line) to a customer in an area unassigned to any other electric supplier. The Public Service Commission (PSC) approved the extension; this Court reversed...

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