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K N ENERGY, INC. v. CITY OF SCOTTSBLUFF

No. 88-937.

447 N.W.2d 227 (1989)

233 Neb. 644

K N ENERGY, INC., Appellant, v. CITY OF SCOTTSBLUFF, Municipal Corporation, et al., Appellees.

Supreme Court of Nebraska.

October 27, 1989.

Attorney(s) appearing for the Case

M.J. Bruckner, W. Scott Davis, and Anne E. Winner, of Bruckner, O'Gara, Keating, Sievers & Hendry, P.C., Lincoln, and B.J. Becker and A.R. Madigan, for appellant.

Clark G. Nichols and Philip M. Kelly, of Winner, Nichols, Douglas, Kelly and Arfmann, P.C., Scottsbluff, Bevin B. Bump, of Bump and Bump, Chadron, James D. Larson, of Wurst, Pearson, Larson, Underwood & Mertz, James L. Haszard, of McHenry & Watson, Lincoln, and George P. Burke, of Van Steenberg, Myers, Burke & Wilson, Kimball, for appellees.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

BOSLAUGH, Justice.

This action was commenced by the plaintiff, K N Energy, Inc. (K N), against the City of Scottsbluff to enjoin the defendant city from enforcing ordinance No. 3071, which established rates to be charged by the plaintiff for natural gas service furnished to customers in the City of Scottsbluff, Nebraska, beginning 30 days after February 22, 1988. Similar actions were commenced against the municipalities of Minatare, Bridgeport, Mitchell, Terrytown...

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