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OTTER TAIL POWER COMPANY v. CITY OF COLMAN

No. 9993.

121 N.W.2d 483 (1963)

OTTER TAIL POWER COMPANY, a Corporation, and Eugene Fritz, Plaintiffs and Appellants, v. The CITY OF COLMAN, a Municipal Corporation, and Duane Westling, Individually and as Mayor of the City of Colman, and Orville Haugen, Richard Gueffroy, William Welbig, J. O. Lee, Fred Elhoff, and John Huebner, Individually and as Aldermen and Members of the City Council of the City of Colman, South Dakota, Defendants and Respondents.

Supreme Court of South Dakota.

May 9, 1963.

Attorney(s) appearing for the Case

Davenport, Evans, Hurwitz & Smith, Sioux Falls, Harold Benedict, Colman, Field, Arvesen, Donoho & Lundeen, Fergus Falls, Minn., for plaintiffs and appellants.

Carl Miller, Flandreau, Claude Hamilton, Blaine Simons, Sioux Falls, for defendants and respondents.

ROBERTS, Judge.

Otter Tail Power Company, a corporation serving the City of Colman and its inhabitants with electric service, and Eugene Fritz, a resident taxpayer applied for an injunction to restrain the City of Colman and its council from proceeding with the construction and financing of a municipal electric distribution system.

It appears from the record that on November 21, 1960, an ordinance designated as No. 48 was adopted. Section 1 authorized the...

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