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MONTANA-DAKOTA UTIL. v. LOWER YELLOWSTONE

No. 14368.

585 P.2d 626 (1978)

MONTANA-DAKOTA UTILITIES CO. et al., Plaintiff and Respondent, v. LOWER YELLOWSTONE RURAL ELECTRIC et al., Defendants and Appellants.

Supreme Court of Montana.

Decided September 29, 1978.

Rehearing Denied November 8, 1978.

Attorney(s) appearing for the Case

V.G. Koch argued, Sidney, Habedank, Cumming & Best, Sidney (Otto T. Habedank argued, Sidney), for appellants.

Cresap & Phillips, Sidney, Paul H. Cresap argued, Sidney, for respondent.

SHEEHY, Justice.

This appeal arises from a declaratory judgment entered in favor of Montana-Dakota Utilities Company by the District Court, Seventh Judicial District, Richland County, Montana. The principal issue is whether Lower Yellowstone Rural Electric Association, a cooperative, and Upper Missouri G and T, a cooperative, its electric supplier, have the right to tap an electric transmission line owned by Montana-Dakota Utilities Company (MDU) under an agreement...

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