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MONTANA POWER COMPANY v. FERGUS ELECTRIC CO-OPERATIVE

No. 11177.

425 P.2d 329 (1967)

THE MONTANA POWER COMPANY, a Montana Corporation, Plaintiff and Respondent, v. FERGUS ELECTRIC CO-OPERATIVE et al., Defendants and Appellants.

Supreme Court of Montana.

Argued March 21, 1967.

Attorney(s) appearing for the Case

J.E. McKenna, Lewistown, Hoyt & Bottomly, Great Falls, Richard V. Bottomly (argued), Great Falls, for appellants.

James C. Wilkins, Jr. (appeared), Lewistown, William Coldiron and Robert D. Corette (appeared), Butte, John C. Hauck (argued), Butte, for respondent.

JAMES T. HARRISON, Chief Justice.

This is an appeal from a judgment which restrains and enjoins the defendants from supplying electric current or service to the property of the Peavey Company at Lewistown, Montana.

The plaintiff-respondent is the Montana Power Company, a Montana corporation, and will be referred to as the Company. The defendants-appellants are the Fergus Electric Co-operative, Inc., a non-profit, membership corporation organized under the...

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