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MONTANA-DAKOTA UTIL. CO. v. DIVIDE CO. SCH. DIST. NO. 1

Civ. No. 8718.

193 N.W.2d 723 (1971)

MONTANA-DAKOTA UTILITIES COMPANY, a corporation, Plaintiff and Appellant, v. DIVIDE COUNTY SCHOOL DISTRICT NO. 1, a public corporation, Kenneth Heckman, et al., Defendants and Respondents.

Supreme Court of North Dakota.

Rehearing Denied February 8, 1972.

Attorney(s) appearing for the Case

Pearce, Engebretson, Anderson, Schmidt & Thames, and William S. Murray, Bismarck, for plaintiff and appellant.

McIntee & Whisenand, Williston, for defendants and respondents.

TEIGEN, Judge.

Montana-Dakota Utilities Company (hereinafter MDU) has appealed from a summary judgment dismissing its complaint against the defendant Burke-Divide Rural Electric Cooperative, a corporation (hereinafter REC).

MDU commenced this action to enjoin Divide County School District No. 1 (hereinafter school district) and the members of its governing board, and the REC, from doing business pursuant to an electric...

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