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TRI-CTY. ELEC. ASS'N v. CITY OF GILLETTE

No. 4880.

584 P.2d 995 (1978)

TRI-COUNTY ELECTRIC ASSOCIATION, INC., Appellant (Plaintiff below), v. The CITY OF GILLETTE, Wyoming, a Municipal Corporation, Appellee (Defendant below).

Supreme Court of Wyoming.

August 24, 1978.

Attorney(s) appearing for the Case

Cecil K. Hughes, Sundance and David D. Uchner of Lathrop & Uchner, Cheyenne, signed the brief and appeared in oral argument on behalf of the appellant.

Thomas S. Smith of Smith, Stanfield & Scott, Laramie, signed the brief and appeared in oral argument on behalf of the appellee.

Before GUTHRIE, C.J., and McCLINTOCK, RAPER, THOMAS and ROSE, JJ.

RAPER, Justice.

The plaintiff-appellant public utility (hereafter Tri-County), selling electricity, claimed in its declaratory judgment action filed in the district court that defendant-appellee City (hereafter Gillette), a municipality authorized to sell electricity to its inhabitants, was invading its territory. The district court found that Gillette had the "exclusive right to serve electrical customers within the City...

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