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GREAT NORTHERN UTILITIES CO. v. PUBLIC SERVICE COMMISSION

No. 1060.

1 F.Supp. 328 (1932)

GREAT NORTHERN UTILITIES CO. v. PUBLIC SERVICE COMMISSION et al.

District Court, D. Montana.

October 5, 1932.

Attorney(s) appearing for the Case

Gunn, Rasch, Hall & Gunn and E. G. Toomey, all of Helena, Mont., for plaintiff.

L. A. Foot, Atty. Gen., and Francis A. Silver, of Helena, Mont., for defendants.

Before SAWTELLE, Circuit Judge, and PRAY and BOURQUIN, District Judges.

BOURQUIN, District Judge.

Heretofore, an interlocutory injunction was awarded plaintiff against the defendant commission's rate order found unreasonable for that (1) at rates affording fair return the field is insufficient for more than one utility, in consequence of which plaintiff's right to compete with a rival to the survival of the stronger if not the fitter, cannot be legally divested by the minimum rate by the order prescribed, and/or (2) the prescribed rates...

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