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IHRKE v. NORTHERN STATES POWER COMPANY

No. 71-1504.

459 F.2d 566 (1972)

Robert J. IHRKE and Mary E. Ihrke, Appellants, v. NORTHERN STATES POWER COMPANY, a Minnesota Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 3, 1972.

Rehearing and Rehearing Denied May 25, 1972.

Attorney(s) appearing for the Case

Roger S. Haydock and Michael A. Wolff, St. Paul, Minn., for appellants.

Mackall, Crounse & Moore, Minneapolis, Minn., for appellee.

Before MATTHES, Chief Judge, and LAY and ROSS, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 25, 1972.

ROSS, Circuit Judge.

Robert J. Ihrke and Mary E. Ihrke (the Ihrkes) appeal from the district court's orders granting the motion to dismiss filed by Northern States Power Company (Northern), and denying the Ihrkes' motion to maintain this suit as a class action. At the time of bringing this action, on April 21, 1970, the Ihrkes were gas and electricity customers of Northern in the City of St. Paul, Minnesota...

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