White Pine Power District No. 9 v. Public Service Commission

OPINION

By the Court,

McNamee, C. J.:

This is an action by appellant to enjoin respondent Wells Power Company from selling its assets to respondent Wells Rural Electric Company. The complaint further seeks to have the court declare null and void the approval by the respondent Public Service Commission of such sale. The motion of respondents to dismiss the action was granted upon the ground that the complaint failed to state a claim against respondents in that no facts were alleged which would show that appellant was a party in interest. Appeal is from the order of dismissal.

This court heretofore…