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CASS CTY. ELEC. COOP. v. WOLD PROPERTIES, INC.

Civ. No. 9257.

249 N.W.2d 514 (1977)

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

Supreme Court of North Dakota.

Rehearing Denied January 20, 1977.

Attorney(s) appearing for the Case

John D. Kelly, of Vogel, Vogel, Brantner & Kelly, Fargo, for plaintiff and appellee Cass County Elec. Coop., Inc.

J. Philip Johnson, of Pancratz, Wold & Johnson, Fargo, for defendant and appellant Wold Properties, Inc.

Wheeler, Wolf, Wefald & Peterson, Bismarck, and Tenneson, Serkland, Lundberg & Erickson, Fargo, Harold J. Bagley, Minneapolis, Minn., of counsel; argued by R. W. Wheeler, Bismarck, for defendant and appellee Northern States Power Co.

VOGEL, Justice.

This action is one of a continuing series of disputes between, on the one hand, rural electric cooperatives, organized under Chapter 10-13, N.D.C.C., and, on the other hand, private electric utilities, organized under the general corporation statutes of this or other States, which are authorized, if granted certificates of public convenience and necessity or municipal franchises, to provide electric service within this State. Resolution of the disputes...

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