No. 19227.

351 P.2d 241 (1960)

PUBLIC UTILITIES COMMISSION of the State of Colorado; Joseph F. Nigro, Ralph C. Horton and Henry E. Zarlengo, Commissioners of said Commission; City of Colorado Springs, Colorado, a municipal corporation; Public Service Company of Colorado, a corporation; and the Colorado Fuel and Iron Corporation, a corporation, Plaintiffs in Error, v. COLORADO INTERSTATE GAS COMPANY, a corporation, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied May 2, 1960.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Robert E. Nagel, Asst. Atty. Gen., for plaintiff in error, Public Utilities Commission.

F. T. Henry, Louis Johnson, Colorado Springs, for plaintiff in error, City of Colorado Springs.

Lee, Bryans, Kelly & Stansfield, Bryant O'Donnell, Denver, Thomas M. Burgess, Colorado Springs, for plaintiff in error, Public Service Company of Colorado.

Tippit, Haskell & Welborn, James W. Buchanan, Denver, Murray, Baker & Wendelken, Colorado Springs, for plaintiff in error, Colorado Fuel & Iron Corporation.

L. M. Poe, R. C. McHugh, Colorado Springs, Holland & Hart, James L. White, John Fleming Kelly, James T. Moran, Denver, for defendant in error.

HALL, Justice.

On April 12, 1954, the Public Utilities Commission of the State of Colorado, herein referred to as PUC, on its own motion, entered an ex parte order, amended May 12, 1954, nunc pro tunc as of April 12, 1954, directing itself to make an investigation to determine whether the Colorado Interstate Gas Company, herein referred to as Interstate, was conducting its business unlawfully in that it was operating...

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