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

ROBERTSON, Judge.

This is a suit for injunction and declaratory relief brought by the Missouri Public Service Company (hereafter MoPub) against Platte-Clay Electric Cooperative, Inc. (hereafter the Cooperative) to declare MoPub’s exclusive right to provide electric service to a tract of land within MoPub’s franchise area presently served by the Cooperative. The issue is v/hether § 394.315, RSMo Cum.Supp.1984, entitles a rural electric cooperative to provide a new kind of electric service to a unitary tract currently served by the cooperative in an urban area for which an electrical corporation…