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CASS CTY. ELEC CO-OP., INC. v. WOLD PROPERTIES

Civ. No. 9333.

253 N.W.2d 323 (1977)

CASS COUNTY ELECTRIC COOPERATIVE, INC., a corporation, Plaintiff and Respondent, v. WOLD PROPERTIES, INC., a corporation, Defendant and Appellant, Northern States Power Company, a corporation, and North Dakota Public Service Commission, Defendants and Respondents.

Supreme Court of North Dakota.

April 25, 1977.

Attorney(s) appearing for the Case

Pancratz, Wold, Johnson & Hill, P.C., Fargo, for defendant and appellant; argued by J. Philip Johnson, Fargo.

Wheeler, Wolf, Wefald & Peterson, P.C., Bismarck, for defendant and respondent Northern States Power; argued by R. W. Wheeler, Bismarck.

ERICKSTAD, Chief Justice.

This is a proceeding post Cass County Electric Coop. v. Wold Properties, Inc., 249 N.W.2d 514 (N.D.1977). That action was initiated upon a complaint of Cass Electric, seeking a declaratory judgment as to whether it was legally precluded from providing electric service to Wold. We held that Northern States Power Company (NSP) had the right to furnish electric service to the Fargo Holiday Inn to the...

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