Legal Opinion · Dissent

State Ex Rel. Kansas City v. Public Service Commission

Supreme Court of Missouri

Decided June 9, 1975No. 58285Published

1DissentBardgett, Judge

I respectfully dissent. The basic issue in this case is the extent of power and authority of the Public Service Commission (hereinafter P.S.C.). Put in a more limited way and applicable to this case, the question is whether the adoption of the P.S.C. Act, now § 389.640, RSMo 1969, (hereinafter the Act), by the State of Missouri rendered contracts between certain types of parties, to wit: railroads, which are subject to the jurisdiction of the P.S.C., and municipalities, which prior to the adoption of the Act exercised their police power with respect to railroads by contracts with or…

2Cases cited15 opinions

  1. Erie Railroad v. Board of Public Utility CommissionersSupreme Court of the United States · 1921
  2. Chicago, Burlington & Quincy Railroad v. Nebraska Ex Rel. OmahaSupreme Court of the United States · 1898
  3. NORTHERN PACIFIC RAILWAY COMPANY v. STATE OF MINNESOTA Ex Rel. THE CITY OF DULUTHSupreme Court of the United States · 1908
  4. Rankin v. City Nat. Bank of Kansas CitySupreme Court of the United States · 1908
  5. Missouri, Kansas & Texas Railway Co. v. OklahomaSupreme Court of the United States · 1926

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