Missouri-Kansas-Texas Railroad Co. v. State

HODGES, Justice,

dissenting.

There is a question that the appellee, ETSI, is no longer a viable entity and is in fact defunct. If so, the issues presented on appeal are moot.

An attempt to elicit such information for the record was unsuccessful when ETSI failed to respond to our show cause order of July 16, 1985. This Court has a duty to inquire into its jurisdiction. City of Tulsa v. Chamblee, 188 Okl. 94, 106 P.2d 796 (1940). I, therefore, would direct that the Corporation Commission hold an evidentia-ry hearing with a view to determining the current status of the appellee, ETSI, and report its findings and conclusions to this Court.

I am authorized to state that Chief Justice SIMMS and Justice OPALA join me in this Dissenting Opinion.