Missouri Public Service Co. v. Platte-Clay Electric Cooperative, Inc.

SOMERVILLE, Judge.

Missouri Public Service Company (hereinafter referred to as plaintiff) brought suit against Platte-Clay Electric Cooperative, Inc., and its general manager and directors (hereinafter referred to as defendant) for injunctive relief and declaratory judgment. At the trial level the pendency of a quo warranto action in the Supreme Court created what appeared to be an insoluble impasse and an adverse judgment was rendered against plaintiff from which it appealed.

Plaintiff, a public utility, had been granted a franchise by Platte City, Missouri (a fourth class city) to provide…