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CITY OF THIBODAUX v. LOUISIANA POWER & LIGHT COMPANY

No. 16870.

255 F.2d 774 (1958)

CITY OF THIBODAUX, Appellant, v. LOUISIANA POWER & LIGHT COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

As Amended and Modified on Denial of Rehearing July 15, 1958.

Attorney(s) appearing for the Case

Theo. F. Cangelosi, Baton Rouge, La., Remy Chiasson, Thibodaux, La., Wollen J. Falgout, City Atty., Thibodaux, La., Louis F. Claiborne, New Orleans, La., for appellant.

J. Raburn Monroe, Andrew P. Carter, Monroe & Lemann, Melvin I. Schwartzman, New Orleans, La., Harvey Peltier, Peltier & Peltier, Donald Peltier, Thibodaux, La., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and JONES, Circuit Judges.

JONES, Circuit Judge.

The City of Thibodaux, Louisiana, supplied electric current to consumers within its territorial area. It extended its boundaries and annexed an area which had been supplied with electric current by the Louisiana Power & Light Company. The City brought a suit for expropriation in a Louisiana District Court against the power company seeking to acquire the electric distribution facilities situate in the annexed area. The City asserted that the...

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