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VILLAGE OF ELBOW LAKE v. OTTER TAIL POWER COMPANY

No. 40709.

160 N.W.2d 571 (1968)

VILLAGE OF ELBOW LAKE, Appellant, v. OTTER TAIL POWER COMPANY, Respondent.

Supreme Court of Minnesota.

July 19, 1968.

Attorney(s) appearing for the Case

I. L. Swanson, Elbow Lake, for appellant.

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

OPINION

OTIS, Justice.

This is an action brought by a municipality against a public utility to recover on a bond or undertaking furnished by the utility during prior litigation wherein the utility unsuccessfully sought to prevent the municipality from constructing a power plant. The municipality appeals from a judgment denying recovery. The issues are, first, whether the undertaking entitled the municipality to recover attorney's fees incurred in litigating...

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