NORTH CENT., ETC. v. VILLAGE OF CIRCLE PINES

No. 44049.

224 N.W.2d 741 (1974)

NORTH CENTRAL PUBLIC SERVICE CO., a Division of Donovan Companies, Inc., Respondent, and Village of Lino Lakes, Minnesota, Respondent, v. VILLAGE OF CIRCLE PINES, Minnesota, et al., Appellants, and Molin Concrete Products Co., Defendant.

Supreme Court of Minnesota.

November 1, 1974.


Attorney(s) appearing for the Case

Fred Burstein and Gregg M. Corwin, Minneapolis, for appellants.

Maun, Hazel, Green, Hayes, Simon & Aretz, Jerome B. Simon, and Charles Bans, St. Paul, for North Central.

Babcock, Locher, Neilson & Mannella, Landol J. Locher, and John M. Burke, Anoka, for Village of Lino Lakes.

Heard before KNUTSON, C. J., and KELLY, MacLAUGHLIN and MULALLY, JJ., and considered and decided by the court en banc.


KELLY, Justice.

This appeal arises out of two actions, one by North Central Public Service Co. (North Central) against the village of Circle Pines and its utilities commission (both hereafter Circle Pines) and Molin Concrete Products Co. (Molin), and the other by the village of Lino Lakes (Lino Lakes) against the same defendants. In each action a summary judgment was granted permanently enjoining Circle Pines (1) from selling...

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