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VIKSE v. BASIN ELEC. POWER CO-OP.

No. 82-1614.

712 F.2d 374 (1983)

Monrad VIKSE; Jacob Lang; Delano W. Lang; Elmer F. Lang; James M. Wieseler and Marietta L. Wieseler, husband and wife, Myron Wieseler and Joyce Wieseler, husband and wife; and Mathilda Wieseler, Appellants, v. BASIN ELECTRIC POWER COOPERATIVE, a North Dakota cooperative corporation; C.R. Thiessen; Clarence Welander; Dennis Lindberg; Marvin Beyers; George A. Hargens; J. William Keller; Quentin Louden; Jim Frame and Fred W. Schmidt, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 25, 1983.

Attorney(s) appearing for the Case

Jos. A. Vogel, Jr., Vogel Law Firm, Mandan, N.D., for appellants.

Malcolm H. Brown, Bair, Brown & Kautzmann, Mandan, N.D., for appellees.

Before LAY, Chief Judge, JOHN R. GIBSON, Circuit Judge, and ROBERTS, District Judge.

JOHN R. GIBSON, Circuit Judge.

A group of South Dakota landowners brought this civil rights action under 42 U.S.C. § 1983 claiming that its members were denied equal protection of the laws because Basin Electric Power Cooperative and its officers made additional payments to landowners in North Dakota who, like appellants, had had their property condemned by the utility. We find no denial of equal protection and affirm the judgment of the district court

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