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WESTERN STATES UTILITIES CO. v. CITY OF WASECA

No. 36,341.

242 Minn. 302 (1954)

WESTERN STATES UTILITIES COMPANY v. CITY OF WASECA AND OTHERS.

Supreme Court of Minnesota.

May 28, 1954.

Attorney(s) appearing for the Case

Franklin M. Stone, Moonan, Moonan, Friedel & Senn, Doherty, Rumble & Butler, and John F. Cahill, City Attorney, for appellants.

Gallagher & Madden, Robert J. Sheran, Miles B. Zimmerman, and Faegre & Benson, for respondent.

NELSON, JUSTICE.

This proceeding is brought under the uniform declaratory judgments act, M.S.A. c. 555. Plaintiff is a public utility corporation engaged in the business of distributing natural gas in the city of Waseca, Minnesota, a city of the fourth class operating under a home rule charter since the year 1904. Individual defendants named in the proceedings were the municipal officers of the city and members of its city council. Plaintiff, as a utilities company...

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