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GWYNN v. TOWN OF EUREKA

No. 14145.

582 P.2d 1262 (1978)

Kenneth GWYNN, Plaintiff and Appellant, v. ToWN OF EUREKA et al., Defendants and Respondents.

Supreme Court of Montana.

Decided August 21, 1978.

Attorney(s) appearing for the Case

Robert Keller argued, Kalispell, for plaintiff and appellant.

Fennessy, Crocker and Harman, David W. Harman argued, Libby, Robert F.W. Smith, Public Service Com'n. argued, Helena, for defendants and respondents.

John Doubek, Consumer Counsel argued, Helena, for amicus curiae.

SHEA, Justice.

Plaintiff appeals from a judgment of the Lincoln County District Court that the Public Service Commission did not have jurisdiction over municipal sewage systems and the sewage rates as set by the Town of Eureka were not arbitrary or discriminatory. We hold the Public Service Commission does have jurisdiction over municipal sewage rates and accordingly, the issue of fairness of the sewage rates is one the Public Service Commission must determine.

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