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MONTANA POWER CO. v. DEPT. OF PUBLIC SERV. REG.

No. 85-445.

709 P.2d 995 (1985)

MONTANA POWER COMPANY, Petitioner and Respondent, v. MONTANA DEPARTMENT OF PUBLIC SERVICE REGULATION, Montana Public Service Commission, and State of Montana, Respondents and Appellants.

Supreme Court of Montana.

Decided November 27, 1985.

Attorney(s) appearing for the Case

Mike Greely, argued, Atty. Gen., Robert Nelson, argued, Public Service Com'n, Helena, for respondents and appellants.

John Alke, argued for Montana Power, Helena, Pamela Merrell, MPC, Butte, for petitioner and respondent.

SHEEHY, Justice.

We determine in this case that the attempted appeal by the Attorney General from the judgment of the District Court in the underlying cause in the Second Judicial District, Silver Bow County, must be dismissed for the reasons hereafter stated. Further we determine that the appeal of the Montana Department of Public Service Regulation, Montana Public Service Commission must also be dismissed as untimely.

I.

On September 30, 1983,...

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