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IN RE WILMARTH LINE OF C U PROJECT

No. 50911.

299 N.W.2d 731 (1980)

In re Condemnation Proceedings for the WILMARTH LINE OF the C U PROJECT.

Supreme Court of Minnesota.

November 7, 1980.

Attorney(s) appearing for the Case

Kenneth E. Tilsen and David Kramer, St. Paul, for appellant.

LeVander, Gillen, Miller & Magnuson, South St. Paul, for United Power Assn.

LeFevere, Lefler, Pearson, O'Brien & Drawz, Minneapolis, for Co-op. Power.

Warren Spannaus, Atty. Gen., Dwight S. Wagenius, Sp. Asst. Atty. Gen., St. Paul, for Intervenor Minnesota Energy Agency.

Minnesota Public Interest Research Group, Ann Gilford, Minneapolis, for amicus curiae.

Reheard, considered, and decided by the court en banc.

TODD, Justice.

This matter arises out of eminent domain proceedings brought by the respondents Co-operative Power Association (CPA) and United Power Association (UPA) and was previously before this court. See Co-op. Power Ass'n v. Eaton, 284 N.W.2d 395 (Minn. 1979).

In that case, we found that appellant landowners had not been given an adequate opportunity to present evidence concerning the public necessity for the...

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