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

No. 4306.

352 P.2d 256 (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 June 20, 1960.

Attorney(s) appearing for the Case

Robert R. Gill, of Ely, Nevada, and Elias Hansen, of Salt Lake City, Utah, for Appellant.

Roger D. Foley, Attorney General, for Respondent Public Service Commission of Nevada and its members.

Orville R. Wilson, of Elko, for Respondent Wells Power Co.

Vaughn & Hall, of Elko, for respondents Wells Rural Electric Co. Robert R. Wright and Charles C. Read.

PER CURIAM.

Appellant commenced an action in the court below seeking to enjoin respondent Wells Power Company from selling its assets to respondent Wells Rural Electric Company and praying that the court declare null and void the approval by the respondent Public Service Commission of Nevada of such sale. The motion of respondents to dismiss the action was granted on the ground that the complaint failed to state a claim against respondents. Appeal is pending from...

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