Court of Appeals of Kentucky (pre-1976) December 6, 1938 (City of Vanceburg v. Plummer)

Opinion op the Court by

Judge Rees

Affirming.

The question presented is whether a municipal cor

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poration is required to obtain from the Public Service Commission of Kentucky a certificate of public convenience and necessity prior to the construction of a light, heat and power plant.

Vanceburg, a city of the fifth class, has a population of 1,375, according to the last census.