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MOUNTAIN WATER v. MONT. DEPT. OF PUBLIC SERV. REG.

No. 88-4097.

919 F.2d 593 (1990)

MOUNTAIN WATER COMPANY, Plaintiff-Appellant, v. MONTANA DEPARTMENT OF PUBLIC SERVICE REGULATION; Montana Public Service Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred February 21, 1990.

Resubmitted March 26, 1990.

Decided November 26, 1990.

Attorney(s) appearing for the Case

John Alke, Hughes, Kellner, Sullivan & Alke, Helena, Mont., for plaintiff-appellant.

Robin McHugh, Mont. Public Service Com'n, Helena, Mont., for defendants-appellees.

Before TANG, HALL and BRUNETTI, Circuit Judges.

TANG, Circuit Judge:

Mountain Water Company ("Mountain Water") appeals summary judgment for the Montana Department of Public Service Regulation and the Montana Public Service Commission in Mountain Water's action for a declaratory judgment that Mont.Code Ann. § 69-4-511 (1989) is unconstitutional under the fourteenth and fifth amendments. The statute at issue requires privately — but not publicly-owned Montana water utilities to reimburse their customers...

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