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YELLOWSTONE VALLEY ELEC. COOP. v. MONTANA POWER CO.

No. 11373.

437 P.2d 5 (1968)

YELLOWSTONE VALLEY ELECTRIC COOPERATIVE, INC., a corporation, Plaintiff and Appellant, v. The MONTANA POWER COMPANY, a corporation, Defendant and Respondent.

Supreme Court of Montana.

Rehearing Denied February 19, 1968.

Attorney(s) appearing for the Case

Jones, Olsen & Christensen and Paul G. Olsen (argued), Billings, Hubert J. Massman (argued), Helena, for appellant.

Crowley, Kilbourne, Haughey, Hanson and Gallagher and Cale J. Crowley (argued), Billings, William H. Coldiron and John C. Hauck, Butte, for respondent.

JAMES T. HARRISON, Chief Justice.

This is an appeal by plaintiff from an adverse summary judgment entered by the district court of Yellowstone County in plaintiff's action wherein it sought to enjoin defendant Power Company from extending its service and providing electricity to one whose residence had been previously served by the plaintiff.

Briefly, the fact situation is that plaintiff was supplying electrical service to a certain rural residence in Yellowstone...

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