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NORTHWESTERN BELL TEL. CO. v. CHICAGO & N. W. TRANSP. CO.

No. 11761.

245 N.W.2d 639 (1976)

NORTHWESTERN BELL TELEPHONE COMPANY, a corporation, Plaintiff and Respondent, v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Defendant and Appellant.

Supreme Court of South Dakota.

September 22, 1976.

Attorney(s) appearing for the Case

A. D. Sommervold of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellant.

May, Johnson & Burke, Sioux Falls, for plaintiff and respondent.

WINANS, Justice.

This is an appeal from an order granting partial summary judgment to plaintiff pursuant to SDCL 15-6-54(b). Defendant contends on appeal that the trial court was without jurisdiction to enter such an order because jurisdiction over the matter in controversy lies with the Public Utilities Commission. We agree.

Both plaintiff and defendant in this action are common carriers as defined by SDCL 49-3-1. Plaintiff, Northwestern Bell Telephone Company...

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