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UTILITIES BOARD, CITY OF LAMAR v. SOUTHEAST COLORADO POWER ASSOCIATION

No. 22654.

468 P.2d 36 (1970)

The UTILITIES BOARD OF the CITY OF LAMAR, also known as Board of Utilities Commissioners of the City of Lamar, Plaintiff in Error, v. SOUTHEAST COLORADO POWER ASSOCIATION, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 11, 1970.

Attorney(s) appearing for the Case

Johnson & McLachlan, Lamar, Dickerson, Barry & Dwyer, Denver, John R. Barry, Denver, for plaintiff in error.

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

GROVES, Justice.

Both the plaintiff in error and the defendant in error distribute and sell electrical power in the Lamar, Colorado area. The plaintiff in error (Lamar) holds a certificate from the Public Utilities Commission of Colorado to supply electrical service to an area which embraces a feed mill. However, the defendant in error (Association) claims to have supplied electrical service to this area for the past twenty years; and on October 18, 1965, the Commission...

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