State Ex Rel. Southwestern Gas & Electric Co. v. Upshur Rural Electric Co-Operative Corp.

By ordinances enacted in 1949, 1951, and 1953 the City of Gilmer annexed certain adjacent territory within which there were approximately twenty-five members of Upshur Rural Electric Co-operative Corporation, hereinafter referred to as Upshur Cooperative or as the Cooperative, who were receiving electric energy therefrom. In 1952 the City of Gilmer granted to Southwestern Gas and Electric Company, hereinafter referred to as Southwestern, a thirty-year franchise authorizing it to sell, distribute, and transmit electric energy within the city, and it is now maintaining an electric system…