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CASCADE CTY. CONSUMERS ASSN. v. PUBLIC SERV. COMM'N

No. 10610

394 P.2d 856 (1964)

CASCADE COUNTY CONSUMERS ASSOCIATION, Montana Consumers Association, Montana State Florists Association, Ralph Parker, an Individual, Arthur Smith, an Individual, and Lloyd C. Wenner, an Individual, Plaintiffs and Respondents, v. PUBLIC SERVICE COMMISSION of Montana, Paul T. Smith, Jack Holmes and Louis G. Boedecker, as members thereof and constituting said Public Service Commission of Montana, and the Montana Power Company, a Corporation, Defendants and Appellants.

Supreme Court of Montana.

Rehearing denied September 9, 1964.

Attorney(s) appearing for the Case

William P. Mufich (argued), Helena, Sam B. Chase, Jr., J.J. Burke, Jr., and William H. Coldiron, Butte, John H. Weaver, Great Falls, Robert D. Corette (argued), Sam B. Chase, Jr., Butte (argued), for appellants.

Leo C. Graybill, Jr., (argued), P.J. Gilfeather, Great Falls, (argued), C.W. Leaphart, Helena, (argued), for respondents.

JOHN C. HARRISON, Justice.

This is an appeal by the defendants and appellants, the Public Service Commission of Montana, and The Montana Power Company, from a judgment of the district court of the eighth judicial district, the Honorable Paul G. Hatfield, Judge presiding, which set aside and reversed an order of the appellant Commission as being unlawful and not based on sufficient evidence.

In April 1961, the appellant Montana Power Company, filed a petition...

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