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CITY OF ST. PAUL v. NSP

No. C5-89-1687.

450 N.W.2d 599 (1990)

CITY OF SAINT PAUL, Appellant, v. NORTHERN STATES POWER COMPANY, Centran Corporation, Enron Gas Marketing, Inc., Respondents.

Court of Appeals of Minnesota.

Review Granted March 22, 1990.

Attorney(s) appearing for the Case

Edward P. Starr, City Atty., Philip B. Byrne, Asst. City Atty., St. Paul, for appellant.

Samuel L. Hanson, Michael C. Krikava, Briggs and Morgan, Gene R. Sommers, Minneapolis, for Northern States Power Co.

John P. Martin, Kevin J. Dunlevy, Petersen, Tews and Squires, P.A. Minneapolis, for Centran Corp.

Elmer B. Trousdale, Michele L. Courneya, Oppenheimer, Wolff & Donnelly, St. Paul, for Enron Gas Marketing, Inc.

Heard, considered and decided by CRIPPEN, P.J., and GARDEBRING, and FLEMING, JJ.

OPINION

FLEMING, Judge.

Appellant City of St. Paul brought an action for a declaratory judgment to the effect that respondent NSP had violated its franchise agreement with the city by entering into contracts with retail customers of respondents EGM and Centran to transport natural gas through NSP pipelines from a point outside the city to the customers within city limits. The natural gas in question was sold by EGM and Centran to the St. Paul customers with...

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