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COMMUNITY PUB. SERV. CO. v. NEW MEXICO PUB. S. COM'N

No. 7739.

414 P.2d 675 (1966)

76 N.M. 314

COMMUNITY PUBLIC SERVICE COMPANY, Petitioner-Appellant, v. The NEW MEXICO PUBLIC SERVICE COMMISSION, and Joseph A. Bursey, Phil Lucero and L.J. Chambard, Commissioners, and Otero County Electric Cooperative, Inc., Respondents-Appellees.

Supreme Court of New Mexico.

Rehearing Denied June 1, 1966.

Attorney(s) appearing for the Case

Atwood & Malone, Bob F. Turner, Roswell, Alfred P. Whittaker, Rockville, Md., and Bennett L. Smith, Ft. Worth, Tex., Gen. Counsel for Public Service Co., appellant.

Boston E. Witt, Atty. Gen., John Jennings, Sp. Asst. Atty. Gen., Santa Fe, for N.M. Public Service Comm.

William M. Siegenthaler, Artesia, John E. Hall, Albuquerque, for Otero County Elec. Coop.

MOISE, Justice.

We are here called upon to pass on the constitutionality of Ch. 89, N.M.S.L. 1961, insofar as it attempted to place rural electric cooperatives under the Public Utility Act for certain purposes by including them within the definition of "public utility." The act amended § 68-3-2(F) (1) by adding the italicized words:

"`Public utility' or `utility' means every person not engaged solely in interstate business and except as hereinafter stated...

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