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NORTHWESTERN PUBLIC SERV. v. CITY OF ABERDEEN

Nos. 11446, 11592, 11593, 11600 and 11601.

244 N.W.2d 544 (1976)

NORTHWESTERN PUBLIC SERVICE COMPANY, a corporation, Plaintiff and Appellant, v. CITY OF ABERDEEN, a Municipal Corporation, et al., Defendants and Respondents. NORTHWESTERN PUBLIC SERVICE COMPANY, a corporation, Plaintiff and Respondent, v. CITY OF ABERDEEN, a Municipal Corporation, et al., Defendants and Appellants.

Supreme Court of South Dakota.

Decided July 28, 1976.

Attorney(s) appearing for the Case

Raymond Schutz, Siegel, Barnett, Schutz, O'Keefe & Ogborn, Aberdeen, John B. Wehde, Benson, Beach, Wehde & Martin, Huron, for plaintiff.

Charles B. Kornmann, Richardson, Groseclose, Kornmann & Wyly, Robert D. Miller, Aberdeen, for defendants.

DUNN, Chief Justice.

Plaintiff Northwestern Public Service Company brought these actions for declaratory judgments against defendants, City of Aberdeen, Robert Nikolas, Al Westby, Mae Zemlicka and Allen Gates, as members of the City Council of Aberdeen, and Jeff Solem, as Mayor of Aberdeen, to determine the validity of a city ordinance regulating electric rates. From verdicts of the Circuit Court of the Fifth Judicial Circuit upholding the ordinance, the plaintiff...

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