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PUBLIC SVC. CO. v. DUNCAN PUB. UTIL. AUTHO.

No. 107,714. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

248 P.3d 400 (2010)

2011 OK CIV APP 15

PUBLIC SERVICE COMPANY OF OKLAHOMA, Plaintiff/Appellee, v. DUNCAN PUBLIC UTILITIES AUTHORITY, d/b/a Duncan Power & Light, Defendant/Appellant.

Court of Civil Appeals of Oklahoma, Division No. 1.

Certiorari Denied January 24, 2011.

Attorney(s) appearing for the Case

Jon E. Brightmire , Tom Q. Ferguson , Doerner, Saunders, Daniel & Anderson, L.L.P., Tulsa, OK, for Plaintiff Appellee.

Andrew W. Lester , Carrie L. Williams , Lester, Loving & Davies, P.C., Tulsa, OK, for Defendant/Appellant.

WM. C. HETHERINGTON, JR., Judge.

¶ 1 Appellant, Duncan Public Utilities Authority, d/b/a Duncan Power and Light (DP & L) appeals from an October 6, 2009, Order Granting Temporary Injunction.

FACTS

¶ 2 Appellee, Public Service Company of Oklahoma (PSO), is an investor owned electric utility company which has provided power within the municipal limits of Duncan by utility franchise since 1973. DP & L is a competing public trust...

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