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TRI-COUNTY ELECTRIC ASS'N, INC. v. CITY OF GILLETTE

No. 4329.

525 P.2d 3 (1974)

TRI-COUNTY ELECTRIC ASSOCIATION, INC., Appellant (Respondent below), v. The CITY OF GILLETTE, Appellee (Petitioner below).

Supreme Court of Wyoming.

July 29, 1974.

Attorney(s) appearing for the Case

Cecil K. Hughes, Sundance, for appellant.

Arthur Kline, Cheyenne, and William G. Watt, Gillette, for appellee.

Carl L. Lathrop and David D. Uchner of Lathrop, Uchner & Mullikin, Cheyenne, for amicus curiae, Wyoming State Rural Electric Assn.

Thomas S. Smith of Smith, Stanfield & Mendicino, Laramie, for amicus curiae, Wyoming Assn. of Municipalities.

Clarence A. Brimmer, Atty. Gen., and Richard J. Moen, Special Asst. Atty. Gen., Cheyenne, for amicus curiae, Public Service Comm. of Wyoming.

Before PARKER, C.J., and McEWAN, GUTHRIE, McINTYRE and McCLINTOCK, JJ.

Mr. Justice GUTHRIE delivered the opinion of the court.

This is an appeal from a decision of the district court reversing an order of the Wyoming Public Service Commission. For brevity Tri-County Electric Association, Inc., will be described as Tri-County; the City of Gillette will be described as the city; and the Wyoming Public Service Commission will be described as the commission.

On May 5, 1960, the city and Tri-County entered into an agreement which...

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