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SMITH v. OTTER TAIL POWER COMPANY

No. 9992.

123 N.W.2d 169 (1963)

Louis H. SMITH, Plaintiff and Respondent, v. OTTER TAIL POWER COMPANY, a Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

September 6, 1963.

Attorney(s) appearing for the Case

Davenport, Evans, Hurwitz & Smith, Sioux Falls, Field, Arvesen, Donoho & Lundeen, Fergus Falls, Minn., for defendant and appellant.

Louis H. Smith, Sioux Falls, for plaintiff and respondent.

ROBERTS, Judge.

This is a mandamus proceeding instituted in the Circuit Court of Moody County to compel defendant electric company to discontinue the furnishing of electrical light and power service to plaintiff. The application for the writ alleges that plaintiff is the owner of a farm in Moody County; that plaintiff no longer desiring such service from the defendant notified the company to discontinue the furnishing of electrical services to his farm; and that defendant...

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