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STATE EX REL. JOPLIN v. PUBLIC SERVICE COM'N

No. WD 64944.

186 S.W.3d 290 (2005)

STATE of Missouri EX REL., CITY OF JOPLIN, Missouri, Appellant, v. PUBLIC SERVICE COMMISSION OF the STATE OF MISSOURI; Missouri American Water Company; AG Processing, Inc., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied January 31, 2006.

Application for Transfer Denied April 11, 2006.

Attorney(s) appearing for the Case

James B. Deutsch, Marc H. Ellinger, Co-Counsel, Jefferson City, MO, for appellant.

Keith R. Krueger, Jefferson City, MO, for respondent Public Service Commission.

Dean L. Cooper, Jefferson City, MO, for respondent Missouri American Water.

Stuart W. Conrad, Kansas City, MO, for respondent AG Processing.

Before VICTOR C. HOWARD, P.J., JAMES M. SMART and THOMAS H. NEWTON, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 31, 2006.

THOMAS H. NEWTON, Judge.

The City of Joplin appeals a circuit court decision affirming the Public Service Commission's (Commission) ruling that a 2000 rate case involving the Missouri-American Water Company (Company) was mooted by new tariffs that Joplin agreed to and were approved by the Commission in 2004 while this case was pending. Because we find that the case fits within an...

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