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STATE EX REL. DEPT. OF PUB. SERV. REG. v. DISTRICT COURT

No. 12137.

488 P.2d 1147 (1971)

STATE of Montana ex rel. DEPARTMENT OF PUBLIC SERVICE REGULATION, ex officio Public Service Commission of the State of Montana, Relator, v. The DISTRICT COURT OF the FIRST JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF LEWIS AND CLARK, and John B. McClernan, District Judge, Defendants.

Supreme Court of Montana.

Decided September 23, 1971.

Attorney(s) appearing for the Case

William E. O'Leary, and David L. Astle, argued, Helena, for relator.

William Dee Morris, and Donald E. Gottwig, argued, Helena, for defendants.

Chadwick H. Smith, Thomas Ashton, III, Helena, appeared, amicus curiae.

PER CURIAM:

On September 16, 1971, the district court of Lewis and Clark County in cause No. 35200 of that court, issued a Writ of Prohibition prohibiting the state Public Service Commission from holding rate hearings on the application of Montana Power Company for increases in electric and natural gas utility rates. The basis of the district court's order was that "the hearings contemplated by the Commission would be in violation of President Nixon's Price Freeze...

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