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IN RE HEARTLAND CONSUMERS POWER DISTRICT

No. 10718.

180 N.W.2d 398 (1970)

In the Matter of the Creation of HEARTLAND CONSUMERS POWER DISTRICT. Jerome B. LAMMERS and Dennis Sunderman, Appellants, v. HEARTLAND CONSUMERS POWER DISTRICT, Respondent.

Supreme Court of South Dakota.

October 7, 1970.

Attorney(s) appearing for the Case

John H. Zimmer of Zimmer & Richter, Parker, Lammers & Lammers, Madison, for appellants.

Vincent J. Protsch and Thomas R. Pardy, of Mumford, Protsch, Sage & Pardy, Howard, Leo P. Flynn, Milbank, for respondent.

BIEGELMEIER, Judge (on reassignment).

This is an appeal from an order of the circuit court approving the formation of Heartland Consumers Power District and presents some questions with reference to the statutes1 under which the court held the hearing and entered its order. The Consumer Power District Act, now Consumer Power Districts Law, will be referred to herein as the Act. It provides in general that nonprofit, public service, utility...

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