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STATE v. PUBLIC SERVICE COMMISSION

No. 9417.

283 P.2d 594 (1955)

The STATE of Montana ex rel. Arnold H. OLSEN, Plaintiff and Appellant, v. PUBLIC SERVICE COMMISSION, et al., and The Mountain States Telephone & Telegraph Company, Defendants and Respondents.

Supreme Court of Montana.

As Amended on Denial of Rehearing May 11, 1955.

Attorney(s) appearing for the Case

Arnold H. Olsen, Atty. Gen., C.W. Leaphart, Jr., Asst. Atty. Gen., argued orally, William F. Crowley, Asst. Atty. Gen., for appellant.

Corrette, Smith & Dean, Butte, Loble & Loble, & Gene A. Picotte, Helena, for Mt. States Tel. & Tel. Co.

James B. Patten, Billings, Edwin S. Booth, Sec. Counsel, Helena, for Public Service Commission.

Lester H. Loble, Henry Loble, Helena, Robert D. Corette, Butte, and Edwin S. Booth, Helena, argued orally for respondents.

ANGSTMAN, Justice.

This action was brought seeking determination as to whether certain intra-state rates for telephone service ordered by defendant Commission after hearing are reasonable and lawful.

Plaintiff's second amended complaint was stricken on motion of defendants, without leave to amend, and judgment of dismissal was entered from which plaintiff appealed.

The first point urged by plaintiff is that the court erred in not sustaining plaintiff...

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