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ALLIED N. H. GAS CO. v. TRI-STATE GAS CO.

No. 5464.

107 N.H. 306 (1966)

ALLIED NEW HAMPSHIRE GAS COMPANY v. TRI-STATE GAS & SUPPLY Co. & a.

Supreme Court of New Hampshire.

Decided July 15, 1966.

Attorney(s) appearing for the Case

Sulloway, Hollis, Godfrey & Soden and Arthur W. Mudge II (Mr. Mudge orally), for the plaintiff.

Michael & Wallace and Thomas W. Porter (Mr. Porter orally), for the defendant.

George S. Pappagianis, Attorney General and George L. Manias, Assistant Attorney General (Mr. Manias orally), for the Public Utilities Commission.

KENISON, C. J.

The issue in this case is whether the defendant's operations in the distribution and sale of liquefied petroleum gas renders it a public utility (RSA 362:2) subject to the jurisdiction of the Public Utilities Commission. RSA 374:22. "This question is not a constitutional one nor one of public policy but rather one of statutory interpretation." Blair v. Manchester Water Works, 103 N.H. 505, 506.

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