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Montana Power Company v. FERGUS ELECTRIC CO-OPERATIVE

425 P.2d 329, 149 Mont. 258, 1967 Mont. LEXIS 347
Montana Supreme Court·Decided March 21, 1967·No. 11177·Published·Cited by 7 cases

Opinions

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an appeal from a judgment which restrains and enjoins the defendants from supplying electric current or service to the property of the Peavey Company at Lewistown, Montana.

The plaintiff-respondent is the Montana Power Company, a Montana corporation, and will be referred to as the Company. The defendants-appellants are the Fergus Electric Co-operative, Inc., a non-profit, membership corporation organized under the laws of Montana, and its manager, C. W. Rader, and will be referred to as the Co-operative.

The issue presented by this appeal is whether electric current and service was available to the Peavey Company property from existing facilities and plants of the Company.

This action was tried to the district court, sitting without a jury, on an agreed statement of facts. Included in this statement of facts was a map of the area in which both parties sought to provide electric service. This map was marked Exhibit A. In order that a more meaningful discussion of this case might be accomplished, we have taken portions of Exhibit

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Montana Power Company v. FERGUS ELECTRIC CO-OPERATIVE, 425 P.2d 329, 149 Mont. 258, 1967 Mont. LEXIS 347 (Mo. 1967).

425 P.2d 329 (Montana Power Company v. FERGUS ELECTRIC CO-OPERATIVE) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Montana Power Company v. FERGUS ELECTRIC CO-OPERATIVE
425 P.2d 329 (Montana Supreme Court, 1967)