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PIKE RAPIDS POWER CO. v. MINNEAPOLIS, ST. P. & S. S. M. R. CO.

No. 11200.

99 F.2d 902 (1938)

PIKE RAPIDS POWER CO. v. MINNEAPOLIS, ST. P. & S. S. M. R. CO.

Circuit Court of Appeals, Eighth Circuit.

November 4, 1938.

Attorney(s) appearing for the Case

James G. Nye, of Duluth, Minn. (Gillette, Nye, Harries & Montague, of Duluth, Minn., on the brief), for appellant.

Henry S. Mitchell, of Minneapolis, Minn. (James L. Hetland, of Minneapolis, Minn., and Fryberger, Fulton & Boyle, of Duluth, Minn., on the brief), for appellee.

Before SANBORN, THOMAS, and BOOTH, Circuit Judges.

THOMAS, Circuit Judge.

The appellant, plaintiff below, is a power company organized for the purpose of operating and maintaining a dam or dams across the Mississippi river in the state of Minnesota for the generation of electricity for public use. The appellee, defendant below, is a railway corporation engaged in business as a common carrier in interstate commerce. Both plaintiff and defendant corporations were organized under the laws of the state of Minnesota and...

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