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ECKRE v. PUBLIC SERVICE COMMISSION

Civ. No. 9225.

247 N.W.2d 656 (1976)

Ragnhild ECKRE, et al., Plaintiffs-Appellees, v. PUBLIC SERVICE COMMISSION of the State of North Dakota et al., Defendants-Appellants, Dome Pipeline Corporation, Intervenor Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied December 27, 1976.

Attorney(s) appearing for the Case

Pearce, Anderson, Pearce, Thames & Pearce, Bismarck, for intervenor defendant and appellant; argued by William P. Pearce, Bismarck.

Thomas F. Kelsch, Sp. Asst. Atty. Gen., and Ray H. Walton, Commerce Counsel, North Dakota PSC, Bismarck, for defendants-appellants (Public Service Commission); argued by Mr. Kelsch.

Johnson, Milloy, Johnson, Stokes & Robinson, Ltd., Wahpeton, for plaintiffs-appellees; argued by Rauleigh D. Robinson, Wahpeton.

PAULSON, Judge.

This appeal is from the April 20, 1976, judgment of the district court of Burleigh County granting to the plaintiffs [hereinafter Landowners] a peremptory writ of mandamus compelling defendant Public Service Commission of the State of North Dakota [hereinafter the PSC] to withdraw, as improperly granted, the PSC's order in the matter of the application of intervenor-defendant Dome Pipeline Corporation [hereinafter Dome] for a certificate of public...

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