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MS VALLEY GAS CO. v. CITY OF PONTOTOC

No. 2000-CC-01008-SCT.

795 So.2d 519 (2001)

MISSISSIPPI VALLEY GAS COMPANY v. CITY OF PONTOTOC, Mississippi and the Mississippi Public Service Commission.

Supreme Court of Mississippi.

Rehearing Denied September 27, 2001.

Attorney(s) appearing for the Case

James L. Halford, Richard William Wise, Jackson, Attorneys for Appellant.

William Bruce McKinley, Jackson, David C. Dunbar, Grover Clark Monroe, II, William L. Sneed, Pontotoc, Attorneys for Appellees.

Before BANKS, P.J., SMITH and WALLER, JJ.

BANKS, P.J., for the Court:

¶ 1. Here we must decide whether the Public Service Commission erred as a matter of law when it denied Mississippi Valley Gas Company certification to operate gas systems in parts of Pontotoc County because the City of Pontotoc began constructing a gas pipeline in the same area. Because we find that both municipally and investor-owned public utilities are subject to certification requirements...

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