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Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

Chapter 386

Effective - 01 Jul 2011, see footnote bottom

  386.540.  Appeals from appellate court — transcript and exhibits — precedence over other civil cases. — 1.  The commission and any party, including the public counsel, who has participated in the court of appeals proceeding and is aggrieved by the opinion of the court may seek rehearing or transfer to the Missouri supreme court under rules established by the court.  The original transcript of the record and testimony and exhibits, certified to by the commission and filed with the court of appeals shall constitute the record on appeal to the supreme court.

  2.  Where an appeal is taken to the supreme court, the cause shall, on the return of the papers to the supreme court, be immediately placed on the docket of the then-pending term by the clerk of the court and shall be assigned and brought to a hearing in the same manner as other causes on the then-pending term docket, but shall have precedence over all civil causes of a different nature pending in the court.

  3.  The general laws relating to appeals to the supreme court and the court of appeals in this state shall, so far as applicable and not in conflict with the provisions of this chapter, apply to appeals taken under the provisions of this chapter.

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(RSMo 1939 § 5693, A.L. 1973 S.B. 263, A.L. 1977 H.B. 42 & 157, A.L. 2011 S.B. 48)

Prior revisions: 1929 § 5237; 1919 § 10525

Effective 7-01-11

(1967) Provisions requiring filing of cost bond within ten days of rendition of judgment in circuit court on review of decision of public service commission are for the protection of the commission, and are directory, not mandatory. State v. Public Service Commission of Missouri (A.), 414 S.W.2d 322.


---- end of effective   01 Jul 2011 ----

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