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ARKANSAS OKLAHOMA GAS v. CITY OF VAN BUREN

No. CA 03-541.

148 S.W.3d 282 (2004)

85 Ark. App. 157

ARKANSAS OKLAHOMA GAS CORPORATION v. CITY OF VAN BUREN, Arkansas.

Court of Appeals of Arkansas, Division IV.

February 18, 2004.

Attorney(s) appearing for the Case

Daily & Woods, P.L.L.C., by: Jerry L. Canfield, Fort Smith, for appellant.

Candice Settle-Beshears, Van Buren, for appellee.

SAM BIRD, Judge.

Arkansas Oklahoma Gas Corporation (AOG) filed suit on October 25, 1996, in the Crawford County Circuit Court seeking a declaration of its rights under its franchise agreement with the City of Van Buren.1 AOG's amended complaint alleges that AOG pays the city a franchise fee of $49,500 per year; that the city has failed to protect the public's use of the public rights-of-way by allowing private commercial entities to use...

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