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ROZEL CORP. v. DEPT. OF PUB. SERVICE REG.

No. 86-404.

735 P.2d 282 (1987)

ROZEL CORPORATION, a Montana Corporation, Petitioner and Appellant, v. DEPARTMENT OF PUBLIC SERVICE REGULATION, PUBLIC SERVICE COMMISSION, an agency of the State of Montana, and Three Rivers Disposal, a Montana partnership, Respondents and Respondents.

Supreme Court of Montana.

Decided March 31, 1987.

Attorney(s) appearing for the Case

Bryan, Atkins, Anacker, John P. Atkins, argued, Bozeman, for petitioner and appellant.

Robin McHugh, argued, Helena, for Public Service Commission.

Joseph W. Sabol, argued, Bozeman, for Three Rivers.

TURNAGE, Chief Justice.

Rozel Corporation appeals a May 6, 1986, order of the Eighteenth Judicial District Court, Gallatin County, which upheld a final order of the Public Service Commission (PSC). The PSC final order denied Rozel's application to begin a garbage service in the Bozeman area. We affirm the District Court.

Rozel presents two issues for our review:

1. Did the District Court err in holding that the PSC's regulation of entry into the garbage...

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