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  5. 891 F.2d 1343 (1989)
 

NUCOR CORP. v. NEBRASKA PUBLIC POWER DIST.

Nos. 87-1963, 87-2046.

891 F.2d 1343 (1989)

NUCOR CORPORATION, Appellee, v. NEBRASKA PUBLIC POWER DISTRICT, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 13, 1989.

Attorney(s) appearing for the Case

James A. Eske, Lincoln, Neb., for appellant.

Roger P. Cox, Lincoln, Neb., for appellee.

Before JOHN R. GIBSON and WOLLMAN, Circuit Judges, and HEANEY, Senior Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

Nebraska Public Power District appeals from a judgment in favor of Nucor Corporation on a breach of contract claim against Nebraska Power based on electric rate overcharges. A panel of this court heard argument and then remanded for additional findings on the issue of whether the Johnson Act, 28 U.S.C. § 1342 (1982), required us to hold that the district court lacked jurisdiction to entertain this action. The district court

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