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CITY OF BROOKINGS v. BROOKINGS LAKE TELEPHONE CO.

No. 10650.

177 N.W.2d 489 (1970)

CITY OF BROOKINGS, Forest G. Frie, Mayor, George Little, William Gamble, Edwin Fuller, Paul Prussman, Commissioners, Plaintiffs and Appellants, v. BROOKINGS LAKE TELEPHONE COMPANY, Wilmer Davis, President and Director, Ray Barnett, Vice President and Director, Jerry Jefferis, Secretary-Treasurer and Director; Glen Langum, E. K. Christensen, Kennis Wheller, Arvin Stratton, Martin Geinapp, Homer Ponto, Directors, Defendants and Respondents.

Supreme Court of South Dakota.

Rehearing Denied July 15, 1970.

Attorney(s) appearing for the Case

McCann & Martin, George S. Mickelson, Brookings, David E. Morrill, Sturgis, for plaintiffs and appellants.

Lammers & Lammers, Madison, for defendants and respondents.

HANSON, Judge.

This declaratory judgment action brought by the City of Brookings against the Brookings Lake Telephone Company involves the right to render telephone service in an area recently annexed to the City. The trial court refused to enjoin the defendant company from continuing to serve the area and declared any attempt by the City to extend its municipal telephone system into this and any other surrounding areas of the

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