BLACK HILLS POWER AND LIGHT CO. v. WEINBERGER

Nos. 85-5418, 85-5428.

808 F.2d 665 (1987)

BLACK HILLS POWER AND LIGHT COMPANY, A South Dakota Corporation, Appellant, v. Caspar W. WEINBERGER, as Secretary of the Department of Defense; Department of Defense, an agency of the United States of America; Richard D. Rasmussen, as contracting officer for Ellsworth Air Force Base, a defense installation under the control of the Department of Defense; Heartland Consumers Power District, a subdivision of the State of South Dakota; West River Electric Association, Inc., a South Dakota rural electric cooperative; and the Public Utilities Commission, a regulatory commission of the State of South Dakota, Appellees. BLACK HILLS POWER AND LIGHT COMPANY, Appellant, v. HEARTLAND CONSUMERS POWER DISTRICT, Ellsworth Air Force Base, United States of America, Appellees. (Two Cases) BLACK HILLS POWER AND LIGHT COMPANY, A South Dakota Corporation, Appellee, v. Caspar W. WEINBERGER, as Secretary of the Department of Defense; Department of Defense, an agency of the United States of America; Richard D. Rasmussen, as contracting officer for Ellsworth Air Force Base, a defense installation under the control of the Department of Defense; Heartland Consumers Power District, a subdivision of the State of South Dakota; West River Electric Association, Inc., a South Dakota rural electric cooperative; and the Public Utilities Commission, a regulatory commission of the State of South Dakota, Appellant. BLACK HILLS POWER AND LIGHT COMPANY v. HEARTLAND CONSUMERS POWER DISTRICT, Ellsworth Air Force Base, United States of America. (Two Cases)

United States Court of Appeals, Eighth Circuit.

Decided January 7, 1987.

Rehearing and Rehearing Denied February 4, 1987.


Attorney(s) appearing for the Case

David E. Morrill, Rapid City, S.D., for appellant.

Mary L. Vanderpan, Pierre, S.D., for State of S.D./Public Utilities.

Drake Cutini, Washington, D.C., for Weinberger.

Vincent J. Protsch, Howard, S.D., for Heartland.

Before JOHN R. GIBSON and MAGILL, Circuit Judges, and REGAN, Senior District Judge.


Rehearing and Rehearing En Banc Denied February 4, 1987.

JOHN R. GIBSON, Circuit Judge.

Black Hills Power and Light Company and the South Dakota Public Utilities Commission appeal from a judgment of the district court denying Black Hills' motion for a preliminary injunction and summary judgment and granting the United States' motion to dismiss. Appellants seek to have a contract for electric power entered into by Ellsworth Air Force Base and Heartland Consumers...

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