BROOKS v. EMPIRE DIST. ELEC. CO.

No. SD 32177.

420 S.W.3d 586 (2013)

Karen J. BROOKS, Clark Harris, and Dianne Slater, Petitioners/Plaintiffs-Appellants, v. The EMPIRE DISTRICT ELECTRIC COMPANY, Respondent/Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 10, 2013.

Application for Transfer Denied October 1, 2013.


Attorney(s) appearing for the Case

C. Edward Peterson , Stuart W. Conrad , William J. Fleischaker , for Appellants.

Diana C. Carter , for Respondent.


DON E. BURRELL, J.

Karen J. Brooks, Clark Harris, and Dianne Slater ("Plaintiffs"), "as members of a class of customers of [t]he Empire District Electric Company" ("Empire"), filed a lawsuit in circuit court seeking money damages from Empire on a claim that Empire had charged and retained from them payments for electric service "in excess of [Empire's] lawful and authorized tariff rates[.]"1

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