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CITY OF CHANUTE v. KANSAS GAS & ELEC. CO.

No. 83-1818.

754 F.2d 310 (1985)

CITY OF CHANUTE, City of Iola, and City of Fredonia, Plaintiffs-Appellees, v. KANSAS GAS AND ELECTRIC COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 5, 1985.

Attorney(s) appearing for the Case

J. Michael Peters, Wichita, Kan. (Ralph Foster, Wichita, Kan., with him on the briefs), for defendant-appellant.

Charles F. Wheatley, Jr. of Wheatley & Wollesen, Washington, D.C. (Peter A. Goldsmith of Wheatley & Wollesen, Washington, D.C., and Charles H. Apt III of Glaves, Weil & Evans, Wichita, Kan., with him on the brief), for plaintiffs-appellees.

Brian J. Moline, Gen. Counsel for Kansas Corp. Com'n, Topeka, Kan., on the brief for amicus curiae State Corp. Com'n of the State of Kansas.

Before HOLLOWAY, Chief Judge, and SETH and McKAY, Circuit Judges.

McKAY, Circuit Judge.

The issue raised in this appeal is whether the trial court properly issued a preliminary injunction ordering the defendant to "wheel" (transmit) electric power for the plaintiffs.

Plaintiffs are three municipalities that own and operate their own electric power operation and distribution systems. In addition to the power they themselves generate, plaintiffs also purchase wholesale electric power from defendant, a public utility, under...

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