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INTERMOUNTAIN RURAL EL. ASS'N v. COLORADO CENTRAL POWER CO.

No. 7133.

322 F.2d 516 (1963)

The INTERMOUNTAIN RURAL ELECTRIC ASSOCIATION, a corporation, Appellant, v. COLORADO CENTRAL POWER COMPANY, a corporation, by merger now known as Public Service Company of Colorado, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 30, 1963.

Attorney(s) appearing for the Case

Leonard M. Campbell, Denver, Colo. (Dwight D. Murphey, and Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., with him on the brief), for appellant.

Philip A. Rouse, Denver, Colo. (Charles D. Bromley, and Lee, Bryans, Kelly & Stansfield, Charles J. Kelly and Bryant O'Donnell, Denver, Colo., were with him on the brief), for appellee.

Before PHILLIPS, PICKETT and SETH, Circuit Judges.

SETH, Circuit Judge.

Suit was brought against appellant on a contract providing that appellant would buy its requirements for electric current to be resold to its present and future customers in certain areas of Colorado, and appellee agreed to furnish this electricity as a distributor or wholesaler. The initial contract was for a five-year term from 1945. This was extended and amended in 1950 for another five-year term and thereafter for yearly periods unless terminated...

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