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CASS COUNTY ELECTRIC COOP. v. OTTER TAIL POWER CO.

No. 7686.

93 N.W.2d 47 (1958)

CASS COUNTY ELECTRIC COOPERATIVE, Inc., of Kindred, North Dakota, Complainant and Appellant. v. OTTER TAIL POWER COMPANY of Fergus Falls, Minnesota, Respondent, and Anson J. Anderson, Ernest D. Nelson and Martin Vaaler, as members of the Public Service Commission of the State of North Dakota, Appellants.

Supreme Court of North Dakota.

Rehearing Denied October 16, 1958.

Attorney(s) appearing for the Case

Quentin N. Burdick, Fargo, for appellant Cass County Electric Coop. Inc., of Kindred.

Charles L. Murphy, Special Asst. Atty. Gen., for Public Service Comm.

L. T. Sproul, Valley City, Field, Arvesen & Donoho, Fergus Falls, Minn., for respondent.

BURKE, Judge.

In this proceeding the Cass County Cooperative Inc. petitioned the Public Service Commission for an order directing the Otter Tail Power Company to "cease and desist" from selling electric power to the Standard Oil Company of Indiana at its microwave station located on the Southeast Quarter of the Southeast Quarter of Section 13, Township, 140 N. Range 55 W., also known as Tower Township. After a hearing the Public Service Commission issued the requested...

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