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VARILEK v. CHARLES MIX ELEC. ASS'N, INC.

No. 15211.

409 N.W.2d 117 (1987)

Elvern VARILEK; Robert Anderson, d/b/a Robert Anderson & Sons; Wynia Ranch, Inc., A South Dakota Corporation; Arlo Nelson and Gary Nelson, Individually and as Partners d/b/a Leo Nelson & Sons; Ralph Dertien; and Paul Johnson, Plaintiffs and Appellants, v. CHARLES MIX ELECTRIC ASSOCIATION, INC., A South Dakota Cooperative Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 1, 1987.

Rehearing Denied August 12, 1987.

Attorney(s) appearing for the Case

John L. Morgan and Tim D. Tucker of Morgan, Fuller, Theeler & Cogley, Mitchell, for plaintiffs and appellants.

Michael J. Whalen, Lake Andes, Vincent J. Protsch of Mumford, Protsch & Pardy, Howard, for defendant and appellee.

McMURCHIE, Circuit Judge.

The plaintiffs are farmers and ranchers in Charles Mix County, South Dakota, who irrigated their land using electricity sold by the defendant, Charles Mix Electric Association. The defendant is a cooperative corporation which furnishes electrical services throughout rural Charles Mix County and portions of Douglas County. To obtain electrical service, each plaintiff became a member of the cooperative by signing an application form and paying...

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