Legal Opinion
Utilicorp United Inc. v. Platte-Clay Electric Cooperative, Inc.
Missouri Court of Appeals
Decided September 4, 1990No. WD 42703PublishedCited by 5 opinions
1Opinion of the Court
FENNER, Judge.
Appellant Missouri Public Service Company (MoPub) appeals from an order of the trial court dismissing, on the pleadings, its petition seeking injunctive relief against respondent Platte-Clay Electric Cooperative, Inc. (Co-op). MoPub sought to declare its exclusive right to provide electric service to a “new structure” within its franchise area.
In reviewing a dismissal based solely on the pleadings, an appellate court accepts the facts pleaded and all reasonable inferences arising therefrom as true. Lynn v. T.I.M.E-D.C., Inc., 710 S.W.2d 359, 360 (Mo.App.1986). Given this…
2Cases cited6 opinions
- Wolff Shoe Co. v. Director of RevenueSupreme Court of Missouri · 1988
- State Ex Rel. Utility Consumers Council of Missouri, Inc. v. Public Service CommissionSupreme Court of Missouri · 1979
- Lake Wauwanoka, Inc. v. SpainMissouri Court of Appeals · 1981
- State Ex Rel. Cirese v. RidgeSupreme Court of Missouri · 1940
- A.B. Chance Co. v. SchmidtMissouri Court of Appeals · 1986
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Farmers' Electric Cooperative, Inc. v. Missouri Department of CorrectionsSupreme Court of Missouri · 1998
- Union Electric Co. v. Platte-Clay Electric Cooperative, Inc.Missouri Court of Appeals · 1991
- Empire District Electric Co. v. Southwest Electric CooperativeMissouri Court of Appeals · 1993
- Missouri Public Service Commission v. Oneok, Inc.Missouri Court of Appeals · 2010
- St. Joseph Light & Power v. United Electric CooperativeMissouri Court of Appeals · 2001