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Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

Chapter 386

previous next Effective - 13 Jun 1989, see footnotebottom

  386.360.  Commission to investigate mandamus or injunctive actions, when — hearings, when held — parties, when joined — form of final judgment. — 1.  Whenever the commission shall be of the opinion that a public utility, municipal gas system, person or corporation is failing or omitting or about to fail or omit to do anything required of it by law or by order or decision of the commission, or is doing anything or about to do anything or permitting anything or about to permit anything to be done, contrary to or in violation of law or of any order or decision of the commission, it shall direct the general counsel to the commission to commence an action or proceeding in any circuit court of the state of Missouri in the name of the commission for the purpose of having such violations or threatened violations stopped and prevented either by mandamus or injunctions.  The commission's general counsel shall thereupon begin such action or proceeding by a petition to such court alleging the violation complained of and praying for appropriate relief by way of mandamus or injunction.  Such relief shall not be limited to permanent forms of mandamus and injunction, but shall include all available forms of injunction and mandamus, including temporary restraining orders, preliminary injunctions, permanent injunctions, preliminary orders of mandamus, and permanent orders of mandamus.

  2.  It shall thereupon be the duty of the court to specify the time, not exceeding thirty days after service of a copy of the petition, within which the public utility, person, municipal gas system or corporation complained of, must answer the petition in cases where an answer is contemplated by Missouri Rules of Court.  In case of default in answer or after answer, the court shall immediately inquire into the facts and circumstances in such manner as the court shall direct without other or formal pleadings, and without respect to any technical requirement.

  3.  Such other persons, public utilities, municipal gas systems or corporations as the court shall deem necessary or proper to join as parties in order to make its order, judgment or writs effective may be joined as parties upon application of the commission's general counsel.

  4.  The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that a writ of mandamus or an injunction, or both, issue as prayed for in the petition or in such modified or other form as the court may determine will afford appropriate relief.

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(RSMo 1939 §§ 5641, 5661, 5683, A. 1949 H.B. 2099, A.L. 1967 p. 578, A.L. 1977 H.B. 42 & 157, A.L. 1989 H.B. 938)

Prior revisions: 1929 §§ 5185, 5205, 5227; 1919 §§ 10473, 10493, 10515

Effective 6-13-89


---- end of effective   13 Jun 1989 ----

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