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MONTANA POWER CO. v. PUBLIC SERV. COM'N

No. 84-290.

768 P.2d 842 (1984)

MONTANA POWER COMPANY, a Montana corporation, Plaintiff and Petitioner, v. The PUBLIC SERVICE COMMISSION OF the STATE OF MONTANA and its members Thomas J. Schneider, John B. Driscoll, Howard L. Ellis, Clyde Jarvis and Danny Oberg, Defendants and Respondents.

Supreme Court of Montana.

Decided August 22, 1984.

Attorney(s) appearing for the Case

Daniel O. Flanagan, John J. Burke, John L. Peterson, Dennis L. Lopach, Helena, Pamela K. Merrell, Butte, for plaintiff and petitioner.

Eileen E. Shore, Public Service Com'n, Helena, for defendants and respondents.

James C. Payne & John C. Allen, Montana Consumer Counsel, Helena, Kurt Krueger, Butte, and Robert Rowe, Missoula, for Butte Community Union, Montana Legal Services, and Montana Ass'n for Sr. Citizens.

Patrick L. Smith, Northern Plains Resources Council, Billings, Daniel & Jeanne Kemmis, Human Resources Council, Missoula, John Doubek & Richard Pyfer, Montana Irrigators, Helena, Donald W. Quander, ASARCO, Billings, C. William Leaphart, Champion Intern. & CONOCO, Helena, Capt. Edwin T. Peterson, Judge Advocate, U.S. Air Force, Great Falls, Robert L. Deschamps, Missoula County, Missoula, James Robischon, Atlantic Richfield & Stauffer Chemical Co., Butte, Charles W. Kuether, Great Falls Gas Co., Great Falls, Grant E. Tanner, D.S.I., Portland, Or., for intervenors.

MORRISON, Justice.

On July 3, 1984, the Montana Power Company filed an application with this Court requesting that the Court assume original jurisdiction of a petition and complaint for declaratory judgment and/or writ of mandate or other appropriate relief. We have determined that original jurisdiction will be assumed by this Court. A briefing schedule is herein established.

All parties agree that Rule 17, M.R.App. P. governs this Court's exercise of original...

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