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MATTER OF CLAY-UNION ELEC. CORP.

No. 12919.

300 N.W.2d 58 (1980)

In the Matter of the Petition for Declaratory Ruling Filed for CLAY-UNION ELECTRIC CORPORATION.

Supreme Court of South Dakota.

Decided December 30, 1980.

Attorney(s) appearing for the Case

Theodore J. Dolney, Vermillion, and Vincent J. Protsch, Howard, for appellant Clay-Union Electric Corp.

Merle D. Lewis, Huron, for appellee Northwestern Public Service Co.; Alan D. Dietrich, Huron, on brief.

Leo P. Flynn, Milbank, for amicus curiae S.D. Rural Electric Association.

YOUNG, Circuit Judge.

This appeal arises from an order of the circuit court that reversed a declaratory ruling of the Public Utilities Commission (PUC) awarding Clay Union Electric Corporation (CUEC) the right to provide retail electric service to Alumax Extrusions Inc. (Alumax) near Yankton, South Dakota. CUEC appeals from that order. We affirm.

Appellant CUEC is a rural electric cooperative. Appellee Northwestern Public Service Company (NWPS) is an investorowned...

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