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STATE EX REL. ROBERTS v. PUBLIC SERVICE

No. 89-492.

790 P.2d 489 (1990)

STATE ex rel. H.R. ROBERTS and Elizabeth Roberts, d/b/a H.R. Roberts & Sons, Inc., Relators and Appellants, v. PUBLIC SERVICE COMMISSION OF THE STATE OF MONTANA, Respondent and Respondent, and Watkins and Shepard Trucking, Inc., Intervenor and Respondent.

Supreme Court of Montana.

April 13, 1990.

Attorney(s) appearing for the Case

W. William Leaphart argued, Helena, for relators and appellants.

Robin McHugh argued, Stanley T. Kaleczyc argued, Helena, for respondent and respondent.

TURNAGE, Chief Justice.

H.R. Roberts and Sons appeals from an order of the First Judicial District Court, Lewis and Clark County, denying the appellant's petition for declaratory judgment and writ of mandamus. We affirm.

ISSUES

1. Did the District Court err in holding that § 69-12-324(2), MCA, does not provide an exemption for all Class C carriers operating under government contracts?

2. Did the District Court err in not holding that...

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