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STATE v. PUBLIC SERVICE COMMISSION

No. 9423.

283 P.2d 602 (1955)

The STATE of Montana ex rel. Arnold H. OLSEN, Plaintiff and Appellant, v. PUBLIC SERVICE COMMISSION, et al., and The Montana Power Company, Defendants and Respondents.

Supreme Court of Montana.

Rehearing Denied 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.

T.B. Weir, Helena, James T. Finlen, Robert D. Corette, John C. Hauck, William H. Coldiron, Butte, for Montana Power Co.

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

T.B. Wier, Helena, Robert D. Corette, Butte, and Edwin S. Booth, Helena, argued orally for respondents.

ANGSTMAN, Justice.

This action was brought to set aside a schedule of rates and charges for natural gas promulgated by defendant Commission by order No. 2395, Docket No. 4068, and which the complaint alleged were unlawful, unreasonable and unjust in particulars specifically alleged.

Defendants filed demurrers to plaintiff's complaint. Plaintiff moved to strike the demurrers as unauthorized by law. The motion was denied.

After the motion to strike was...

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