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MINN. GAS CO. v. PUBLIC SERVICE COM'N, ETC.

No. 75-1061.

523 F.2d 581 (1975)

MINNESOTA GAS COMPANY, a Delaware Corporation, Plaintiff-Appellant, v. PUBLIC SERVICE COMMISSION, DEPARTMENT OF PUBLIC SERVICE, STATE OF MINNESOTA, Defendant-Appellee, and City of Minneapolis, State of Minnesota, Defendant.

United States Court of Appeals, Eighth Circuit.

Decided September 26, 1975.

Rehearing and Rehearing Denied October 21, 1975.

Certiorari Denied February 23, 1976.

Attorney(s) appearing for the Case

George C. Mastor, Minneapolis, Minn., for plaintiff-appellant.

Peter W. Sipkins, Sol. Gen., St. Paul, Minn., for defendant-appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, and LAY and HEANEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 21, 1975.

Certiorari Denied February 23, 1976. See 96 S.Ct. 1114.

LAY, Circuit Judge.

The Minnesota Gas Company (Minnegasco) filed this action seeking a declaratory judgment that a recently enacted Minnesota statute is unconstitutional insofar as it purports to permit a state agency to prescribe utility rates different from those set out in a preexisting utility franchise contract between Minnegasco and...

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