TRI-COUNTY ELECTRIC COOPERATIVE, INC. v. ELKIN

Civ. No. 9025.

224 N.W.2d 785 (1974)

TRI-COUNTY ELECTRIC COOPERATIVE, INC., Protestant and Appellee, v. Richard ELKIN et al., Respondents, and Otter Tail Power Company, Respondent and Appellant.

Supreme Court of North Dakota.

Rehearings Denied December 20, 1974.


Attorney(s) appearing for the Case

Fabian E. Noack, Carrington, for protestant and appellee.

Ray H. Walton, Sp. Asst. Atty. Gen., Public Service Commission, Bismarck, for respondents.

Hjellum, Weiss, Nerison, Jukkala & Vinje, Jamestown, and Field, Arvesen, Donoho, Lundeen & Hoff, Fergus Falls, Minn., for respondent and appellant.


VOGEL, Judge.

This appeal is one of a continuing series involving disputes between rural electric co-operatives, which are organized primarily to provide electricity to residents of rural areas, and stockholder-owned utilities, which provide electricity primarily to municipalities which have granted them franchises.

Typically, the suits arise from disputes as to which supplier of electricity is entitled to serve a customer in a rural area near a municipality...

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