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TONGUE RIVER ELEC. COOP. v. MONT. POWER CO.

No. 81-233.

636 P.2d 862 (1981)

TONGUE RIVER ELECTRIC COOPERATIVE, INC., a Montana Corporation, Plaintiff and Respondent, v. MONTANA POWER COMPANY, a Montana Corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided November 25, 1981.

Attorney(s) appearing for the Case

Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Jack Ramirez argued, Billings, John W. Ross, Butte, for defendant and appellant.

Charles W. Jardine argued, Miles City, for plaintiff and respondent.

SHEEHY, Justice.

This is an appeal from the District Court, Sixteenth Judicial District, Rosebud County, where judgment was entered against Montana Power Company to the effect that Tongue River Electric Cooperative had the right to provide electrical services to a subdivision located in Rosebud County, Montana, under section 69-5-105, MCA, and that Montana Power did not qualify to provide such electric services under the provisions of section 69-5-107, MCA.

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