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QUAD COUNTY COMMUNITY ACTION AGENCY v. ELKIN

Civ. Nos. 10006, 10041.

315 N.W.2d 665 (1982)

QUAD COUNTY COMMUNITY ACTION AGENCY, INC., Appellant, and Shark Brothers, Inc. and Downtown Realty, Inc., Appellants, v. Richard A. ELKIN, Bruce Hagen and Ben Wolf, as members of the North Dakota Public Service Commission and Northern States Power Company, Appellees.

Supreme Court of North Dakota.

February 11, 1982.

Attorney(s) appearing for the Case

Susan W. Rester, Bismarck, for appellant Quad County Community Action Agency.

Myer Shark, Fargo, for appellants Shark Brothers, Inc. and Downtown Realty, Inc.

Lynn L. Schloesser, Asst. Atty. Gen., Bismarck, for appellee North Dakota Public Service Commission.

Wheeler, Wolf, Wefald, Peterson & McDonald, P. C., Bismarck, and Gene R. Sommers, Minneapolis, Minn., for appellee Northern States Power Co.; argued by R. W. Wheeler, Bismarck.

PAULSON, Justice.

Quad County Community Action Agency [Quad County], Shark Brothers, Inc., and Downtown Realty, Inc., appeal from a judgment issued on March 13, 1981, by the District Court of Grand Forks County which affirmed the order of the North Dakota Public Service Commission [PSC] dated July 1, 1980. We affirm.1

On July 23, 1976, Northern States Power Co. [NSP] filed an application for an increase

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