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OTTER TAIL POWER COMPANY v. MacKICHAN

No. 39446.

133 N.W.2d 511 (1965)

OTTER TAIL POWER COMPANY and A. L. Anderson, Appellants, v. K. B. MacKICHAN, dba K. B. MacKichan & Associates, Village of Elbow Lake, et al., Fairbanks, Morse & Company and Kenneth Holt, dba Northolt Electric Co., Respondents.

Supreme Court of Minnesota.

February 5, 1965.

Attorney(s) appearing for the Case

Field, Arvesen, Donoho & Lundeen, Fergus Falls, for appellant.

Johanson, Winter & Lundquist, Wheaton, for MacKichan etc., respondent.

I. L. Swanson, Elbow Lake, for Village of Elbow Lake, et al, respondents.

Briggs & Morgan (Richard Kyle, and Frank Hammond), St. Paul, for Fairbanks Morse & Co., respondent.

Henry G. Tweten, East Grand Forks, for Kenneth Holt etc., respondent.

MURPHY, Justice.

This is an appeal from a judgment entered in favor of the defendants in an action in equity to enjoin the construction of a municipal electric plant and the sale of revenue certificates to finance the same and to determine the legality of certain contracts entered into in connection with the project. The action is brought by Otter Tail Power Company and A. L. Anderson, a resident taxpayer of the village of Elbow Lake, against the village of Elbow...

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