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SOUTHERN UNION v. MISSOURI PUB. SER. COMM.

No. 01-2461.

289 F.3d 503 (2002)

SOUTHERN UNION COMPANY, Plaintiff-Appellant, v. MISSOURI PUBLIC SERVICE COMMISSION, et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 6, 2002.

Attorney(s) appearing for the Case

Timothy T. Stewart, Jefferson City, Missouri, argued (Paul A. Boudreau, on the brief), for appellant.

James R. Layton, Jefferson City, Missouri, argued (Jeremiah W. (Jay) Nixon, Tina M. Crow Halcomb, and Bart A. Matanic, on the brief), for appellee.

Before LOKEN and BYE, Circuit Judges, and BOGUE, District Judge.

LOKEN, Circuit Judge.

Since 1913, Missouri has required public utilities conducting business in the State to receive prior approval from the Missouri Public Service Commission before purchasing stocks or bonds issued by another utility. See MO.REV.STAT. § 393.190.2. In this case, Southern Union Company applied to the Commission for blanket approval to make non-controlling investments in utilities that do not operate in Missouri. Following an evidentiary...

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