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Tenth Circuit Reinstates Coop Lawsuit Against Municipality

An appeals court decision handed down last Friday could have important implications in the competition between municipal utilities and rural electric cooperatives.  The 10th U.S. Circuit Court of Appeals ruled that Kay Electric Cooperative can sue the Ci
August 2, 2011

An appeals court decision handed down last Friday could have important implications in the competition between municipal utilities and rural electric cooperatives.  The 10th U.S. Circuit Court of Appeals ruled that Kay Electric Cooperative can sue the City of Newkirk, Oklahoma, for allegedly violating the federal antitrust law in a fight over which electrical utility can serve the new Kay County jail.  The decision reinstates a lawsuit dismissed by U.S. District Judge Robin Cauthron in Oklahoma City last August.  The city annexed the jail site and would not provide sewage service unless the jail also bought its electricity from the city-owned utility.  The coop sued the city, accusing it of attempted monopolization of electric services.  To read more about the decision, click here.

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