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STATE v. PUBLIC SERVICE COMMISSION

No. 9676.

308 P.2d 633 (1957)

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

Supreme Court of Montana.

Decided March 19, 1957.

Attorney(s) appearing for the Case

Arnold H. Olsen, Atty. Gen., argued amicus curiae.

Forrest H. Anderson, former Atty. Gen., William F. Crowley, Asst. Atty. Gen., for appellant, Charles W. Leaphart, Jr., Asst. Atty. Gen., argued orally.

T. B. Weir, Helena, J. T. Finlen, Samuel B. Chase, Jr., John C. Hauck, Butte, James B. Patten, and John V. Potter, Jr., Helena, for respondents. Robert D. Corette and William H. Coldiron, Butte, argued orally.

PER CURIAM.

This action was brought by plaintiff under R.C.M. 1947, § 70-128, to challenge the validity of an order made by defendant Board of Railroad Commissioners allowing an increase in gas rates to be charged by the defendant, the Montana Power Company.

The district court sustained the order of the Board and this appeal followed.

The Montana Power Company, on May 5, 1953, made application before the Public Service Commission to increase its...

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