Florida Power Corp. v. Withlacoochee River Electric Cooperative, Inc.

SHANNON, Judge.

The appellant, Florida Power Corporation, has filed this interlocutory appeal from a denial by the chancellor of its motion for summary judgment against With-lacoochee River Electric Cooperative, Inc.,-appellee, who was the plaintiff below.

*642The plaintiff below was organized under Chapter 425, Fla.Stat., F.S.A., and is what is commonly known as a “Co-op.” The defendant below was and is a public utility corporation. Under § 425.04(4), Fla.Stat., F.S.A., the plaintiff corporation was not to:

“ * * * distribute or sell any electricity, or electric energy to any person residing within…