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TUCSON GAS, ELECTRIC LIGHT & P. CO. v. TRICO ELEC. COOP., INC.

No. 17846.

315 F.2d 299 (1963)

The TUCSON GAS, ELECTRIC LIGHT AND POWER COMPANY, a corporation, Appellant, v. TRICO ELECTRIC COOPERATIVE, INC., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

March 13, 1963.

Attorney(s) appearing for the Case

Darnell, Holesapple, McFall & Spaid, Tucson, Ariz., Jennings, Strouss, Salmon & Trask, Phoenix, Ariz., for appellants.

Wolfe, Greer & Knez, and David K. Wolfe, Tucson, Ariz., for appellee.

Before POPE, HAMLEY and MERRILL, Circuit Judges.

HAMLEY, Circuit Judge.

This is an action to enjoin The Tucson Gas, Electric Light and Power Company (T G & E) from extending its electric distribution facilities and service into parts of two described sections of land in Pima County, Arizona. The plaintiff, Trico Electric Cooperative, Inc., (Trico) alleged, in effect, that it was already serving the area in question and that it held an exclusive certificate of convenience and necessity from the Arizona Corporation...

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