ALABAMA POWER COMPANY
v.
The CITIZENS OF the STATE OF ALABAMA et al.
Dixie Electric Cooperative et al.
v.
The Citizens of the State of Alabama et al.
The Municipal Utilities Board of Albertville et al.
v.
The Citizens of the State of Alabama et al.
Kenneth E. Everett et al.
v.
The Citizens of the State of Alabama et al.
Supreme Court of Alabama.https://leagle.com/images/logo.png
July 16, 1999.
July 16, 1999.
Attorney(s) appearing for the Case
Charles M. Crook and James A. Byram, Jr., of Balch & Bingham, L.L.P., Montgomery, for appellant Alabama Power Company.
Robert A. Huffaker and J. Theodore Jackson, Jr., of Rushton, Stakely, Johnston & Garrett, P.C., Montgomery, for appellant Rural Electric Cooperatives.
Cecil B. Caine, Jr., Moulton, for appellant Joe Wheeler Electric Membership Corp.
Robert D. Thorington, W. Stanley Gregory, Wendell Cauley, and Stephanie McGee Azar of Thorington & Gregory, Montgomery, for Cities and Individual and Corporate Intervenors.
Robert H. Harris of Harris, Caddell & Shanks, P.C., Decatur, for appellee City of Decatur.
Phillip E. Kinney, Montgomery, for amicus curiae Consumers for Affordable and Reliable Electricity, in support of the appellants Alabama Power Co. and Dixie Electric Cooperative et al.
Kenneth Smith, league counsel, for amicus curiae Alabama League of Municipalities, in support of the appellees.
Thomas J. Saunders, Montgomery, for amicus curiae Alabama Industry and Manufacturers' Ass'n.
Supreme Court of Alabama.
On Application for Rehearing
SEE, Justice.
The opinion of December 11, 1998, is withdrawn and the following is substituted therefor.
These appeals concern the constitutionality of Act No. 85-645, 1985 Ala. Acts, p. 983, which is intended to prevent the unnecessary duplication of facilities that supply "retail electric service" across the State of Alabama. Various municipalities that provide retail...
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