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WHITE PINE POWER DIST NO. 9 v. PUBLIC SERVICE COM'N

No. 4306.

358 P.2d 118 (1960)

WHITE PINE POWER DISTRICT NO. 9, a Municipal Corporation, Appellant, v. PUBLIC SERVICE COMMISSION of Nevada, and its Members, J.G. Allard, Noel A. Clark, and Richard G. Campbell, Wells Power Company, a Corporation, Wells Rural Electric Company, a Corporation, Robert R. Wright, a Subscriber for electric power proposed to be served by the Wells Rural Electric Company, Charles C. Read, a user of electric power served by Wells Power Company, said Robert R. Wright and Charles C. Read being made Defendants for themselves and all other persons similarly situated, Respondents.

Supreme Court of Nevada.

Rehearing Denied February 24, 1961.

Attorney(s) appearing for the Case

Robert R. Gill, Ely, Elias Hansen, Salt Lake City, for appellant.

Roger D. Foley, Atty. Gen., John A. Porter, Deputy Atty. Gen., for respondent Public Service Comm. and others.

Vaughan & Hull, Elko, for respondents Wells Rural Electric Co., and others.

Orville R. Wilson, Elko, for respondent Wells Power Co.

McNAMEE, Chief Justice.

This is an action by appellant to enjoin respondent Wells Power Company from selling its assets to respondent Wells Rural Electric Company. The complaint further seeks to have the court declare null and void the approval by the respondent Public Service Commission of such sale. The motion of respondents to dismiss the action was granted upon the ground that the complaint failed to state a claim against respondents in that no facts were alleged...

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