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STATE EX REL. S. D. ELEC. CONSUMERS v. N. W. PUB. SERV.

No. 11956.

265 N.W.2d 882 (1978)

STATE ex rel. SOUTH DAKOTA ELECTRIC CONSUMERS, Plaintiff and Respondent, v. NORTHWESTERN PUBLIC SERVICE CO., Defendant and Appellant.

Supreme Court of South Dakota.

May 3, 1978.

Attorney(s) appearing for the Case

James T. Goetz, Robert W. Hirsch, of Goetz, Hirsch & Haar, Yankton, for plaintiff and respondent.

James E. Doyle, of Doyle & Bierle, Yankton, John B. Wehde, of Benson, Beach, Wehde & Martin, Huron, Everett E. Hoyt & Merle D. Lewis, Huron, for defendant and appellant.

WOLLMAN, Justice.

This appeal comes to us as a sequel to our decision in State ex rel. South Dakota Electric Consumers v. Northwestern Public Service Co., S.D., 232 N.W.2d 854 (hereinafter the SDEC case). Reference is made to our opinion in that case for a statement of the factual background that gave rise to the instant appeal. Essentially, we held in that case that Northwestern Public Service Co. (company) was entitled...

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