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DEKALB COUNTY LP GAS CO., INC. v. SUBURBAN GAS, INC.

Nos. 1971443 and 1971532.

729 So.2d 270 (1998)

DeKALB COUNTY LP GAS COMPANY, INC. v. SUBURBAN GAS, INC., et al. Coosa Valley Electric Cooperative, Inc., and Coosa Valley Propane Services, Inc. v. Suburban Gas, Inc., et al.

Supreme Court of Alabama.

Applications for Rehearing Denied January 15, 1999.

Attorney(s) appearing for the Case

Frank M. Bainbridge and Bruce F. Rogers of Bainbridge, Mims, Rogers & Smith, L.L.P., Birmingham; and George C. Douglas, Jr., Birmingham, for appellant DeKalb County LP Gas Co., Inc.

Ronald G. Davenport and Christopher S. Simmons of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery; William C. Sullivan of Love, Love & Love, Talladega; and James W. Fuhrmeister of Allison, May, Alvis & Fuhrmeister, Birmingham, for appellants Coosa Valley Electric Cooperative, Inc., and Coosa Valley Propane Services, Inc.

Charles M. Crook of Balch & Bingham, L.L.P., Montgomery; Jon Terry of Bains & Terry, Bessemer; and Hewitt L. Conwill of Conwill & Justice, Columbiana, for appellee.

Mark D. Wilkerson and Amanda C. Carter of Brantley & Wilkerson, P.C., Montgomery; and Cecil Caine, Moulton, for amicus curiae Wheeler Basin Natural Gas Company, Inc., in support of the appellants.

HOUSTON, Justice.

These appeals present several issues. Specifically, the facts raise questions concerning (1) the applicability of the Alabama Administrative Procedure Act, Ala.Code 1975, § 41-22-1 et seq.; (2) standing; and (3) the proper interpretation of Ala.Code 1975, § 37-6-1 et seq., governing the establishment and operation of electric cooperatives.

Coosa Valley Electric Cooperative, Inc. ("Coosa...

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