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NEBRASKA PUBLIC POWER DIST. v. AUSTIN POWER, INC.

Nos. 84-2420, 84-2473 and 85-1065.

773 F.2d 960 (1985)

NEBRASKA PUBLIC POWER DISTRICT, a Nebraska Corporation and Political Subdivision of the State of Nebraska, Appellant, v. AUSTIN POWER, INC., a Texas Corporation, d/b/a National Industrial Constructors, Appellee. Austin Industries, Inc., a Delaware Corporation, Federal Insurance Company, a New Jersey Corporation. NEBRASKA PUBLIC POWER DISTRICT, a Nebraska Corporation and Political Subdivision of the State of Nebraska, Appellee, v. AUSTIN POWER, INC., a Texas Corporation, d/b/a National Industrial Constructors; Austin Industries, Inc., a Delaware Corporation; and Federal Insurance Company, a New Jersey Corporation, Appellants. NEBRASKA PUBLIC POWER DISTRICT, a Nebraska Corporation and Political Subdivision of the State of Nebraska, Appellant, v. AUSTIN POWER, INC., a Texas Corporation, d/b/a National Industrial Constructors; Austin Industries, Inc., a Delaware Corporation; Federal Insurance Company, a New Jersey Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 16, 1985.

Attorney(s) appearing for the Case

Charles W. Surasky, Atlanta, Ga., James J. DeMars, Lincoln, Neb., Thomas E. Abernathy and Philip L. Fortune, Atlanta, Ga., for appellants.

Gilbert G. Lundstrom, Lincoln, Neb., for appellee.

Before HEANEY and BOWMAN, Circuit Judges, and WANGELIN, Senior District Judge.

HEANEY, Circuit Judge.

I. BACKGROUND.

Nebraska Public Power District (Nebraska Power), a public corporation and political subdivision of the State of Nebraska, operates an electrical utility system with facilities to generate and transmit electricity. In 1972, Nebraska Power decided to build the Gerald Gentlemen Station (Station), a 650-megawatt coal-fired electric generating plant, near Sutherland, Nebraska. Nebraska Power decided to purchase directly from...

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