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METROPOLITAN WASTE CONTROL COM'N v. MINNETONKA

No. 46125.

242 N.W.2d 830 (1976)

METROPOLITAN WASTE CONTROL COMMISSION, Appellant, v. CITY OF MINNETONKA, Respondent.

Supreme Court of Minnesota.

Rehearing Denied June 22, 1976.

Attorney(s) appearing for the Case

Dorsey, Marquart, Windhorst, West & Halladay and Thomas S. Hay, John D. Levine and J David Jackson, Minneapolis, for appellant.

Carl F. Dever, Minnetonka, for respondent.

Heard before ROGOSHESKE, PETERSON and YETKA, JJ., and considered and decided by the court en banc.

PETERSON, Justice.

We reverse an order of the district court affirming and refusing to vacate an arbitration award in which the arbitrators exceeded their powers under the restricted terms of the submission.

Plaintiff, Metropolitan Waste Control Commission (hereafter "commission"), is organized under Minn.St. c. 473C for the purpose of collecting, treating, and disposing of sewage in the seven counties over which it has jurisdiction. Section 473C.08, subds...

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