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IN RE BOUNDARIES OF McCOOK PUBLIC POWER DIST.

No. 83-052.

347 N.W.2d 554 (1984)

217 Neb. 11

In re BOUNDARIES OF McCOOK PUBLIC POWER DISTRICT. Stanley NEEL et al., Appellees, v. McCOOK PUBLIC POWER DISTRICT, Appellant.

Supreme Court of Nebraska.

April 20, 1984.

Attorney(s) appearing for the Case

Stanley C. Goodwin of Colfer, Lyons, Wood, Malcom & Goodwin, McCook, for appellant.

Vernon Tweedie, McCook, for appellees.

Gene D. Watson and John C. McClure, Columbus, for amicus curiae Nebraska Public Power Dist.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

WHITE, Justice.

This is an appeal from an order of the Nebraska Power Review Board (PRB) which held McCook Public Power District (MPPD) in noncompliance with Chapter 70, article 6, of the Nebraska Revised Statutes for the reason that the city of McCook, Nebraska, is included within the charter area of MPPD. We affirm.

The parties stipulated to the following facts. MPPD is a lawfully constituted public power district which sells retail electricity. A portion...

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