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PENNICHUCK WATER WORKS v. STATE

No. 4852.

103 N.H. 49 (1960)

PENNICHUCK WATER WORKS v. STATE.

Supreme Court of New Hampshire.

Decided October 28, 1960.

Attorney(s) appearing for the Case

Sulloway, Hollis, Godfrey & Soden (Mr. Hollis orally), for the plaintiff.

Louis C. Wyman, Attorney General, and Frederic T. Greenhalge, Assistant Attorney General (Mr. Greenhalge orally), for the State of New Hampshire.

BLANDIN, J.

This appeal presents to the court the issue of whether, the Commission having decided that the company was entitled to the protection of temporary rates, acted reasonably in not applying its temporary rate order to service rendered during the first quarter of 1960. The company has not appealed to the Commission's failure to prescribe a higher level of temporary rates. The test to determine whether the plaintiff's appeal should be

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