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MATTER OF PUBLIC UTIL. COM'N DECLAR. RULING

Nos. 14652, 14653 and 14664.

364 N.W.2d 124 (1985)

In the Matter of the PUBLIC UTILITIES COMMISSION DECLARATORY RULING (F-3436).

Supreme Court of South Dakota.

Decided March 6, 1985.

Attorney(s) appearing for the Case

Mary L. Vanderpan, Asst. Atty. Gen., Pierre, for appellant Public Utilities Com'n of the State of S.D.; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Gene R. Bushnell of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for appellants Electro-Craft, Inc., Dakota Radio Paging, Pierre Radio Paging, Mitchell Radio Paging, Lake Area Paging, and MT Systems, Inc.

Robert B. Frieberg of Frieberg, Peterson & Travis, Beresford, for appellees cities of Beresford and Brookings, S.D.

Brian B. Meyer of Meyer & Rogers, Onida, for appellee Golden West Telecommunications Co-op., Inc.

WUEST, Acting Justice.

This is an appeal from a decision of the Sixth Circuit Court affirming in part and reversing in part a declaratory ruling issued by the South Dakota Public Utilities Commission (Commission). We affirm in part and reverse in part.

A petition for declaratory ruling by Commission was filed by appellant Electro-Craft, Inc. (Electro-Craft), a radio common carrier which has been authorized since 1966 to provide radio services to the public...

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