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NORTHWESTERN PUB. SERV. CO. v. MONTANA-DAKOTA UTIL. CO.

No. 13887.

181 F.2d 19 (1950)

NORTHWESTERN PUBLIC SERVICE CO. v. MONTANA-DAKOTA UTILITIES CO.

United States Court of Appeals Eighth Circuit.

April 4, 1950.

Attorney(s) appearing for the Case

Jacob M. Lashly, St. Louis, Mo. (Max Royhl, Huron, S. D., Sydney K. Schiff, Fredric H. Stafford, Chicago, Ill., Paul B. Rava, St. Louis, Mo., Pam, Hurd & Reichmann, Chicago, Ill., and Lashly, Lashly, Miller & Clifford, St. Louis, Mo., were with him on the brief), for appellant.

John C. Benson, Minneapolis, Minn. (Pat Morrison, Mobridge, S. D., H. F. Fellows, Rapid City, S. D., Rodger L. Nordbye and Faegre & Benson, Minneapolis, Minn., were with him on the brief), for appellee.

Howard E. Wahrenbrock, Assistant General Counsel, Federal Power Commission, Washington, D. C. (Bradford Ross, General Counsel, and Louis W. McKernan, Principal Attorney, Federal Power Commission, Washington, D. C., were with him on the brief), for Federal Power Commission, amicus curiae.

Before SANBORN, THOMAS and JOHNSEN, Circuit Judges.

THOMAS, Circuit Judge.

This is an action brought by appellee as plaintiff in the district court on February 3, 1947, against appellant-defendant to recover damages according to the principles of the common law.

The parties, corporations organized under the laws of Delaware, are both engaged in the electric public utility business, the plaintiff chiefly in North Dakota and the defendant in South Dakota. The plaintiff brings the action as assignee of its predecessors...

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