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OFF. OF PUB. COUNSEL v. EMPIRE DIST. ELEC.

No. SD 30123.

307 S.W.3d 220 (2010)

OFFICE OF the PUBLIC COUNSEL, Plaintiff-Appellant, v. The EMPIRE DISTRICT ELECTRIC COMPANY, Defendant-Respondent, and Missouri Public Service Commission, Intervenor/Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

March 31, 2010.

Attorney(s) appearing for the Case

Lewis R. Mills, Jr., Jefferson City, for Appellant.

James C. Swearengen, Diana C. Carter, Jefferson City, for Respondent The Empire District Electric Company.

Jennifer L. Heintz (No brief filed.), Jefferson City, for Respondent Missouri Public Service Commission.

NANCY STEFFEN RAHMEYER, Judge.

The Office of the Public Counsel ("Public Counsel") brought suit in the Jasper County Circuit Court on behalf of customers of The Empire District Electric Company ("Empire") claiming amounts charged by Empire were in excess of its lawfully-approved rates. The Missouri Public Service Commission ("the Commission") intervened. The court held that Public Counsel did not have the statutory authority to bring the action and dismissed the suit...

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