Upshur-Rural Electric Cooperative Corp. v. State Ex Rel. Southwestern Electric Power Co.

PHILLIPS, Justice.

This is a proceeding in quo warranto wherein the State of Texas, on relation of Southwestern Electric Power Company, seeks to prevent Upshur-Rural Electric Cooperative Corporation from: (1) Constructing and operating its own plant for generating the electricity which it furnishes to its members. Upshur presently purchases all of its electricity from the Relator Southwestern Electric Power Company under a contract which will expire on January 11, 1965; and (2) from entering into a proposed agreement with the Southwestern Power Administration (SPA) 1 whereby Upshur’s…