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MOR-GRAN-SOU ELEC. COOP. v. MONTANA-DAKOTA UTIL. CO.

Civ. No. 8489.

160 N.W.2d 521 (1968)

MOR-GRAN-SOU ELECTRIC COOPERATIVE, INC., Applicant and Appellant, v. MONTANA-DAKOTA UTILITIES CO.; North Dakota Public Service Commission; and Ben J. Wolf, Richard A. Elkin, and Bruce Hagen, as Commissioners of the North Dakota Public Service Commission, Respondents.

Supreme Court of North Dakota.

August 9, 1968.

Attorney(s) appearing for the Case

Pringle, Herigstad, Meschke, Loder, Mahoney & Purdy, Minot, for applicant and appellant.

William R. Pearce, of Pearce, Engebretson, Anderson & Schmidt, Bismarck, for respondent Montana-Dakota Utilities Co.

John C. Stewart, Commerce Counsel, Public Service Commission, Bismarck, for respondents North Dakota Public Service Commission and Ben J. Wolf, Richard A. Elkin, and Bruce Hagen, as Commissioners.

STRUTZ, Judge.

Mor-Gran-Sou, an electric cooperative providing electric service in Morton, Grant, and Sioux counties, made application to the district court of Burleigh County for a writ of prohibition against the North Dakota Public Service Commission, which application was denied by the district court. This appeal is from the order dismissing the application for such writ.

Prior to November 27, 1967, the appellant had given notice to the Public Service Commission...

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