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STATE, DEPT. OF P.S.R. v. MONT. IRRIGATORS

No. 83-367.

680 P.2d 963 (1984)

STATE of Montana, ex rel., DEPT. OF PUBLIC SERVICE REGULATION, et al., Appellants, v. MONTANA IRRIGATORS, INC., Respondents, and Champion International Corp., A corp., Conoco, Inc., A corp.; Anaconda Minerals Company, A corp.; and the Montana Power Company, Intervenors.

Supreme Court of Montana.

Decided May 1, 1984.

Rehearing Denied June 1, 1984.

Attorney(s) appearing for the Case

Eileen E. Shore, Helena, argued, for PSC.

John Doubek, argued, Small, Hatch, Doubek & Pyfer, Helena, for Montana Irrigators.

C.W. Leaphart, Jr. argued, Leaphart Law Firm, Helena, Lindwood A. Morrell, argued, New York City, for Champion International and Conoco, Inc.

James A. Robischon, Butte, Dennis Lopach, Helena, for Anaconda Minerals.

MORRISON, Justice.

The Department of Public Service Regulation, the Montana Public Service Commission (PSC) and the individual commissioners appeal an order of the Jefferson County District Court which "reversed" a decision of the Commission. The Commission ruled on the question of type of rate structure to be used by Montana Power Company in collecting the company's authorized revenue increase. Commercial users adversely affected by the Commission's ruling, Montana...

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