Missouri Utilities Co. v. Scott-New Madrid-Mississippi Electric Cooperative

BARDGETT, Judge.

This case involves a determination of the right of a rural electric cooperative operating pursuant to Chap. 394, RSMo 1969, V.A.M.S.,1 to continue its operations within the boundaries of a municipality of less than 1500 people in an instance where the area incorporated was, prior to incorporation, served by the cooperative and by a private electric utility corporation operating pursuant to Chap. 393, and where subsequent to incorporation the utility obtained a nonexclusive franchise from the municipality but the cooperative did not obtain such a franchise.

The litigation…