MONTANA-DAKOTA CO. v. PUB. SERV. CO.

No. 77.

341 U.S. 246 (1951)

MONTANA-DAKOTA UTILITIES CO. v. NORTH-WESTERN PUBLIC SERVICE CO.

Supreme Court of United States.

Decided May 7, 1951.


Attorney(s) appearing for the Case

William D. Mitchell argued the cause for petitioner. With him on the brief were John C. Benson, H. F. Fellows and Rodger L. Nordbye.

Jacob M. Lashly argued the cause for respondent. With him on the brief were Max Royhl, Fredric H. Stafford and Paul B. Rava.

By special leave of Court, Howard E. Wahrenbrock argued the cause for the Federal Power Commission, as amicus curiae. With him on the brief were Solicitor General Perlman, Robert L. Stern, Bradford Ross and Reuben Goldberg.


MR. JUSTICE JACKSON delivered the opinion of the Court.

Petitioner and respondent are public electric utilities companies engaged in interstate commerce. Petitioner's predecessor and respondent were under the same management through interlocking directorships and joint officers. During that relationship the two interchanged electric energy, shared expenses, and made a number of intercompany contracts establishing rates and...

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