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GEPHART v. HOSPITAL FAC. BLDG. COM'N OF CITY OF ST. PAUL

No. 39308.

132 N.W.2d 738 (1965)

Dan M. GEPHART, Appellant, v. HOSPITAL FACILITY BUILDING COMMISSION OF CITY OF ST. PAUL and County of Ramsey et al., Respondents, Northern States Power Company, Respondent, Joseph J. Mitchell, Comptroller of City of St. Paul, Respondent, Eugene A. Monick, Ramsey County Auditor, Respondent.

Supreme Court of Minnesota.

January 22, 1965.

Attorney(s) appearing for the Case

Felhaber, Larson & Fenlon, Thomas M. Vogt and David E. Kelby, St. Paul, for appellant and Barry McGrath.

William B. Randall, County Atty., Edward E. Cleary, Asst. Co. Atty., St. Paul, for respondents Hospital Facility etc. and Eugene A. Monick.

Doherty, Rumble & Butler, R. J. Leonard and Terence J. O'Loughlin, St. Paul, for respondent Northern States Power Co.

Donald L. Lais, City Atty., Robert E. O'Connell, Assistant Corp. Counsel, St. Paul, for respondent Mitchell.

OTIS, Justice.

This is a taxpayer's suit to enjoin the payment of $6,920 to Northern States Power Company for extending its electrical distribution system into St. Paul's newly constructed city-county hospital. The issue is whether or not the statute required competitive bidding. This appeal is from a summary judgment dismissing the action with prejudice.

The construction of the hospital was authorized and undertaken pursuant to L. 1957, c. 938, § 15...

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