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PRAXAIR v. PUBLIC SERVICE COM'N OF STATE

Nos. WD 72119, WD 72120.

346 S.W.3d 377 (2011)

PRAXAIR, INC.; Office of Public Counsel, Appellants, v. PUBLIC SERVICE COMMISSION OF THE STATE of Missouri; Empire District Electric Company, Respondents.

Missouri Court of Appeals, Western District.

August 2, 2011.

Attorney(s) appearing for the Case

David Lee Woodsmall , Jefferson City, MO and Lewis Roinson Mills, Jr. , Jefferson City, MO, for appellants.

Steven Carroll Reed and Jennifer Leigh Heintz , Jefferson City, MO; Diana C. Carter , Jefferson City, MO, for respondents.

Before Division One: THOMAS H. NEWTON, P.J., JAMES M. SMART, JR., and JOSEPH M. ELLIS, JJ.

JAMES M. SMART, JR., Judge.

The Appellants in this case sought judicial review in Cole County Circuit Court of the decision of the Public Service Commission authorizing a general rate increase for the Empire District Electric Company and also allowing the implementation of a "fuel adjustment clause," pursuant to section 386.266.1, RSMo Cum.Supp.2009. The circuit court affirmed the Commission's Report and Order, dated July 30, 2008. This appeal is brought pursuant...

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