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MUN. UTILITIES COM'N v. ELEC. POWER ASS'N

Nos. C1-89-1458, C0-89-1466.

452 N.W.2d 699 (1990)

CITY OF WILLMAR MUNICIPAL UTILITIES COMMISSION, Respondent, v. KANDIYOHI COOPERATIVE ELECTRIC POWER ASSOCIATION, Appellant (C1-89-1458), Respondent (C0-89-1466) and Minnesota Public Utilities Commission, intervenor, Respondent (C1-89-1458), Appellant (C0-89-1466).

Court of Appeals of Minnesota.

Review Denied April 27, 1990.

Attorney(s) appearing for the Case

Byron E. Starns, Susan M. Robiner, Leonard Street and Deinard, Minneapolis, Richard L. Ronning, Willmar City Atty., Willmar, for City of Willmar Mun. Utilities Com'n.

Harold LeVander, Jr., Seth M. Colton, Maun, Hayes, Simon, Johanneson, Brell and Odlaug, St. Paul, William N. Bernard, Bernard & Johnson, Willmar, for respondent Kandiyohi Co-op.

Hubert H. Humphrey, III, Atty. Gen., Margie Hendriksen, Sp. Asst. Atty. Gen., St. Paul, for Minnesota Public Utilities Com'n, intervenor.

Andrew J. Shea, Timothy J. Nolan, O'Connor and Hannan, Minneapolis, for amicus curiae Minnesota Mun. Utilities Ass'n.

Carla J. Heyl, St. Paul, for amicus curiae League of Minnesota Cities.

Considered and decided by RANDALL, P.J., and SCHUMACHER and SCHULTZ, JJ.

OPINION

HAROLD W. SCHULTZ, Judge.

Appellant, a cooperative power association, challenges an injunction prohibiting it from extending electric service without a franchise to new customers in an area assigned to appellant but recently annexed by the City of Willmar. The Minnesota Public Utilities Commission has also appealed, claiming the district court lacked the authority to decide the parties' dispute over electric...

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