POTASH CO. OF AMERICA v. NEW MEXICO PUB. SERV. COM'N

No. 6015.

303 P.2d 908 (1956)

62 N.M. 1

POTASH COMPANY OF AMERICA, Plaintiff-Appellant, v. NEW MEXICO PUBLIC SERVICE COMMISSION and Southern Union Gas Company, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied December 10, 1956.


Attorney(s) appearing for the Case

Gilbert, White & Gilbert, Santa Fe, Lewis, Grant & Davis, Denver, Colo., Roy H. Blackman, Jr., Carlsbad, for appellant.

Richard H. Robinson, Atty. Gen., Alfred P. Whittaker, James B. Cooney, Sp. Asst. Atty. Gen., for New Mexico Public Service Commission.

Manuel A. Sanchez, Santa Fe, Atwood & Malone, Roswell, Willis L. Lea, Jr., Dallas, Tex., for Southern Union Gas Co.


SADLER, Justice.

The question for decision, prior to hearing this appeal on its merits, is whether the plaintiff below, the appellant here, should be denied the hearing in this proceeding now sought, by reason of its failure to exhaust the statutory remedy provided by the New Mexico Public Utility Act, 1953 Comp., c. 68, Art. 9, §§ 68-9-1 to 68-9-7, for reviewing orders of New Mexico Public Service Commission.

The appeal is from a judgment of the...

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