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O'BRIEN CTY. RURAL ELEC. v. STATE COM. COM'N

No. 83-1199.

352 N.W.2d 264 (1984)

O'BRIEN COUNTY RURAL ELECTRIC COOPERATIVE, Appellant, v. IOWA STATE COMMERCE COMMISSION, Appellee, and Iowa Public Service Company, Intervenor.

Supreme Court of Iowa.

June 13, 1984.

Attorney(s) appearing for the Case

John T. Ward and Kerry Anderson of Wasker, Sullivan & Ward, Des Moines, for appellant.

Philip E. Stoffregen, General Counsel, Des Moines, Patrick J. Nugent, Deputy Counsel, and Diane Munns and William A. Haas, Asst. General Counsel, Des Moines, for appellee Iowa State Commerce Commission.

Suzan M. Stewart and Ira E. Delk, Sioux City, for intervenor Iowa Public Service Company.

Considered by McCORMICK, P.J., and McGIVERIN, LARSON, SCHULTZ, and WOLLE, JJ.

LARSON, Justice.

In a complaint filed with the Iowa State Commerce Commission, Iowa Public Service Company (IPS) challenged the right of the O'Brien County Rural Electric Cooperative (O'Brien) to provide electrical service for a rural water district which included land in the "assigned service areas" (Iowa Code § 476.25) of both IPS and O'Brien.

A hearing examiner for the commission sustained that objection, ruling that IPS was entitled to serve the water...

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