O'BRYANT v. CITY OF IDAHO FALLS

No. 8501.

303 P.2d 672 (1956)

W. J. O'BRYANT, Plaintiff-Appellant, v. The CITY OF IDAHO FALLS, Idaho, a municipal corporation, and its duly elected Mayor and Councilmen, namely Russell Freeman, George Petersen, Donald Foote, Vernon Johnson and John Rogers, Mayor, and Idaho Falls Cooperative Gas Association, Inc., a corporation, and its Board of Directors, namely, D. A. Thompson, D. F. Richards, Lynn Crandall, George Watkins and Hugh Benfer, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied December 4, 1956.


Attorney(s) appearing for the Case

O. R. Baum, Pocatello, for appellant.

A. L. Smith, Idaho Falls, Ben Peterson, Pocatello, and Oscar W. Worthwine, Boise, for respondents.

Claude V. Marcus and J. N. Leggat, Boise, and Harold L. Ryan, Weiser, amici curiae.


PORTER, Justice.

Appellant brought this action for declaratory judgment for the purpose of testing the validity of the ordinance of the City of Idaho Falls granting an exclusive franchise for a period of thirty years to respondent, Idaho Falls Cooperative Gas Association, Inc., hereinafter referred to as the "Cooperative", to construct, maintain and operate a system for the distribution of gas to the residents of Idaho Falls and immediate vicinity. Appellant prayed...

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