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SOUTHEAST COLORADO POWER ASS'N v. PUBLIC UTIL. COM'N

No. 21694.

428 P.2d 939 (1967)

SOUTHEAST COLORADO POWER ASSOCIATION, Plaintiff in Error, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado and City of Lamar, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 17, 1967.

Attorney(s) appearing for the Case

Carl M. Shinn, Lamar, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Robert Lee Kessler, Asst. Atty. Gen., for The Public Utilities Commission of the State of Colo.

John R. Barry, Denver, for City of Lamar.

McWILLIAMS, Justice.

This is a dispute between the Southeast Colorado Power Association, a Colorado corporation which will hereinafter be referred to as Southeast, and the City of Lamar and its Utility Board. The dispute is as to which one of these two utilities shall serve a new installation of the American Telephone & Telegraph Company located some nine and one-half miles south of the city of Lamar.

The new telephone installation which is the cause of...

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