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Montana Power Company v. FERGUS ELECTRIC CO-OPERATIVE

425 P.2d 329, 149 Mont. 258, 1967 Mont. LEXIS 347
CourtMontana Supreme Court
DecidedMarch 21, 1967
Docket11177
StatusPublished
Cited by7 cases

This text of 425 P.2d 329 (Montana Power Company v. FERGUS ELECTRIC CO-OPERATIVE) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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

[260]*260

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Related

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2003 MT 320 (Montana Supreme Court, 2003)
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Montana Power Co. v. Fergus Electric Co-Operative, Inc.
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Yellowstone Valley Electric Co-Operative, Inc. v. Montana Power Co.
437 P.2d 5 (Montana Supreme Court, 1968)
Montana Power Company v. FERGUS ELECTRIC CO-OPERATIVE
425 P.2d 329 (Montana Supreme Court, 1967)

Cite This Page — Counsel Stack

Bluebook (online)
425 P.2d 329, 149 Mont. 258, 1967 Mont. LEXIS 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montana-power-company-v-fergus-electric-co-operative-mont-1967.