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SO. MINN. MUN. POWER v. ST. PETER

No. C5-88-1422.

433 N.W.2d 463 (1988)

SOUTHERN MINNESOTA MUNICIPAL POWER AGENCY, Respondent, v. CITY OF ST. PETER, Concerned Citizens for Reasonable Electric Rates, intervenor, Appellants.

Court of Appeals of Minnesota.

December 27, 1988.

Attorney(s) appearing for the Case

Craig R. Beck, Kristin L. Palmer, Dorsey & Whitney, Rochester, for respondent.

Richard Ihrig, Lindquist & Vennum, Minneapolis, for appellant, City of St. Peter.

Willis M. Gustafson, Paul H. Tanis, Jr., MacKenzie, Gustafson, Lucas & Riley, Ltd., St. Peter, for appellant, Concerned Citizens for Reasonable Electric Rates, intervenor.

Heard, considered and decided by RANDALL, P.J., and FOLEY and BOWEN, JJ.

OPINION

RANDALL, Judge.

Southern Minnesota Municipal Power Agency (SMMPA) brought a declaratory judgment action against the City of St. Peter (St. Peter) to determine whether its April 11, 1984, electric power sales contract (contract) was enforceable. St. Peter counterclaimed, seeking to have the contract rescinded on equitable grounds. Concerned Citizens for Reasonable Electric Rates, Inc. (CCRER) intervened...

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