No. 18698.

350 P.2d 543 (1960)

PUBLIC SERVICE COMPANY of Colorado, a Colorado corporation, Plaintiff in Error, v. PUBLIC UTILITIES COMMISSION of the State of Colorado, and Ralph C. Horton, John P. Thompson, and Joseph F. Nigro, the individual members of said Commission, Union Rural Electric Association, Inc., a corporation, and Colorado Central Power Company, a corporation, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 11, 1960.

Attorney(s) appearing for the Case

Lee, Bryans, Kelly & Stansfield, Bryant O'Donnell, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Henry E. Zarlengo, Asst. Atty. Gen., for Public Utilities Commission and Ralph C. Horton, John P. Thompson, and Joseph F. Nigro, defendants in error.

Grant, Shafroth, Toll, Chilson & McHendrie, Erl H. Ellis, Denver, for Union Rural Electric Ass'n, Inc.

Allen, Lynch & Rouse, Denver, for Colorado Central Power Co.

HALL, Justice.

On June 30, 1955, Union Rural Electric Association, Inc., a Colorado nonprofit cooperative corporation, herein referred to as "Union," filed with the Public Utilities Commission of the state of Colorado, herein referred to as "PUC":

1. Its application for (a) a certificate of public convenience and necessity to serve with electrical energy an area around Brighton, Colorado; (b) for clarification and ratification of its existing rights...

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