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PUBLIC UTILITIES COMMISSION v. CITY OF DURANGO

No. 24067.

469 P.2d 131 (1970)

PUBLIC UTILITIES COMMISSION of the State of Colorado and Southern Union Gas Company, Plaintiffs in Error, v. CITY OF DURANGO, a municipal corporation, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 1, 1970.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Robert Lee Kessler, Warren D. Braucher, John E. Archibold, Asst. Attys. Gen., for plaintiff in error, The Public Utilities Commission.

A. S. Grenier, James R. Wetherbee, Dallas, Tex., John R. Barry, Akolt, Shepherd, Dick & Rovira, Denver, for plaintiff in error, Southern Union Gas Co.

Emigh and Emigh, Durango, Gorsuch, Kirgis, Campbell, Walker & Grover, Leonard M. Campbell, Donald Macy, Denver, for defendant in error.

PRINGLE, Justice.

There is only one issue presented by this writ of error; whether the City of Durango or the Public Utilities Commission has the jurisdiction to regulate rates charged by the Southern Union Gas Company for gas services to its customers in the City of Durango.

In 1949 Durango, acting as a home rule city under Article XX of the Colorado Constitution, adopted a franchise ordinance granting to the Southern...

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