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UNITED STATES v. OTTER TAIL POWER COMPANY

No. 6-69-Civ-139.

331 F.Supp. 54 (1971)

UNITED STATES of America, Plaintiff, v. OTTER TAIL POWER COMPANY, Defendant.

United States District Court, D. Minnesota, Sixth Division.

September 9, 1971.

Attorney(s) appearing for the Case

Kenneth C. Anderson, William Jaeger and Barry McNeil, Washington, D. C., for plaintiff.

Cyrus Field and David Lundeen, Fergus Falls, Minn., for defendant.

MEMORANDUM AND ORDER

DEVITT, Chief Judge.

In this action brought under Section 2 of the Sherman Act the basic issue is whether the acts of Otter Tail Power Company, a Minnesota public utility, in refusing to sell electric power at wholesale, and refusing to wheel electric power to municipalities it formerly served at retail, constitute a monopolization of commerce in violation of the Act.

The Sherman Act, Section 2, provides:

"Every person...

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