STATE v. NORTH DAKOTA PUBLIC SERVICE COM'N

Nos. 7607, 7608.

79 N.W.2d 297 (1956)

The STATE of North Dakota, on the Relation of AMERADA PETROLEUM CORPORATION, a corporation, Plaintiff, v. The NORTH DAKOTA PUBLIC SERVICE COMMISSION, and Ernest D. Nelson, Anson J. Anderson and Martin Vaaler, Public Service Commissioners, Respondents. The STATE of North Dakota, on the Relation of SIGNAL OIL AND GAS COMPANY, a corporation, Plaintiff, v. The NORTH DAKOTA PUBLIC SERVICE COMMISSION, and Ernest D. Nelson, Anson J. Anderson and Martin Vaaler, Public Service Commissioners, Respondents.

Supreme Court of North Dakota.

October 26, 1956.


Attorney(s) appearing for the Case

Shaft, Benson & Shaft, Grand Forks, Robert J. Stanton, John S. Miller, Tulsa, Okl., for plaintiff Amerada Petroleum Corp.

E. A. Stebbings, Los Angeles, Cal., Strutz, Jansonius & Fleck, Bismarck, for plaintiff Signal Oil & Gas Co.

Charles L. Murphy, Commerce Counsel, Public Service Commission, Milton K. Higgins, Bismarck, for respondents.


SATHRE, Judge.

The issues in these cases are identical and by stipulation of the parties they were argued together. The relators have petitioned this court to exercise its original jurisdiction and to issue a writ of prohibition against the Public Service Commission prohibiting said Commission from carrying into effect a certain order of said Commission claimed to affect substantial rights of the relators.

The Public Service Commission is a constitutional...

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