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IN RE CITY OF GERING

No. 36109.

142 N.W.2d 155 (1966)

180 Neb. 241

In the Matter of the Establishment of Retail Service Area Boundaries between the CITY OF GERING, a Municipal Corporation and Gering Valley Rural Public Power District. The CITY OF GERING, a Municipal Corporation, Appellant, v. GERING VALLEY RURAL PUBLIC POWER DISTRICT, Appellee.

Supreme Court of Nebraska.

April 29, 1966.

Attorney(s) appearing for the Case

Holtorf, Hansen & Kortum, Charles F. Fitzke, Gering, for appellant.

Byron M. Johnson, Gering, for appellee.

Heard before CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ., and BRODKEY, District Judge.

SMITH, Justice.

The Nebraska Power Review Board delimited areas to be served respectively by two suppliers of electric energy at retail, Gering Valley Rural Public Power District and the City of Gering. On appeal, the city contends that it was deprived of its statutory right to serve the area within its extraterritorial zoning jurisdiction and that the conditions prescribed by the board are uncertain.

The two suppliers furnished services in overlapping areas...

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