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STATE v. MONTANA-DAKOTA UTILITIES CO.

No. 7741.

89 N.W.2d 94 (1958)

STATE of North Dakota, ex rel. PUBLIC SERVICE COMMISSION, Plaintiff and Respondent, v. MONTANA-DAKOTA UTILITIES CO., a foreign corporation, Defendant and Appellant.

Supreme Court of North Dakota.

March 31, 1958.

Attorney(s) appearing for the Case

Cox, Pearce & Engebretson, Bismarck, Earl H.A. Isensee, Minneapolis, of counsel, for defendant and appellant. Leslie R. Burgum, Atty. Gen., and Gerald G. Glaser, Commerce Counsel, Bismarck, for plaintiff and respondent.

Richard P. Gallagher, Mandan, amicus curiae.

MORRIS, Judge.

The defendant and appellant, Montana-Dakota Utilities Co., is a corporation engaged in the operation of public utilities in the state of North Dakota and as such is subject to regulation by the Public Service Commission of the state pursuant to statutory authority and direction. This controversy involves rates charged or to be charged by the appellant for the sale of electric energy.

In 1948 the Public Service Commission approved a schedule...

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