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WEST RIVER ELEC. v. BLACK HILLS POWER AND LIGHT CO.

Nos. 89-5443, 89-5468.

918 F.2d 713 (1990)

WEST RIVER ELECTRIC ASSOCIATION, INC., Appellee, v. BLACK HILLS POWER AND LIGHT COMPANY, Appellant, and Ellsworth Air Force Base. BLACK HILLS POWER AND LIGHT COMPANY, Appellant, v. HEARTLAND CONSUMERS POWER DISTRICT, Appellee. WEST RIVER ELECTRIC ASSOCIATION, INC., Appellee, v. BLACK HILLS POWER AND LIGHT COMPANY, Appellant, and Ellsworth Air Force Base. In the Matter of the Complaint of WEST RIVER ELECTRIC ASSOCIATION, INC., against Black Hills Power and Light Company and Ellsworth Air Force Base. In the Matter of the Complaint of BLACK HILLS POWER AND LIGHT COMPANY against Heartland Consumers Power District with Regard to Electric Service to Ellsworth Air Force Base. WEST RIVER ELECTRIC ASSOCIATION, INC., Appellant, v. BLACK HILLS POWER AND LIGHT COMPANY and Ellsworth Air Force Base, Appellees. WEST RIVER ELECTRIC ASSOCIATION, INC., Appellant, v. BLACK HILLS POWER AND LIGHT COMPANY and Ellsworth Air Force Base, Appellees. WEST RIVER ELECTRIC ASSOCIATION, INC., Appellant, v. BLACK HILLS POWER AND LIGHT COMPANY and Ellsworth Air Force Base, Appellees. BLACK HILLS POWER AND LIGHT COMPANY, v. HEARTLAND CONSUMERS POWER DISTRICT. In the Matter of the Complaint of WEST RIVER ELECTRIC ASSOCIATION, INC., against Black Hills Power and Light Company and Ellsworth Air Force Base. In the Matter of the Complaint of BLACK HILLS POWER AND LIGHT COMPANY against Heartland Consumers Power District with Regard to Electric Service to Ellsworth Air Force Base.

United States Court of Appeals, Eighth Circuit.

Decided November 2, 1990.

Rehearing and Rehearing Denied December 31, 1990.

Attorney(s) appearing for the Case

David Morrill, Rapid City, S.D., for appellant.

Vincent Protsch, Madison, S.D., for appellee.

Before MAGILL, Circuit Judge, ROSS, Senior Circuit Judge, and LARSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied December 31, 1990.

ROSS, Senior Circuit Judge.

Black Hills Power and Light Company (Black Hills) appeals from a judgment of the district court1 which held that Congress has not clearly and specifically deferred its exclusive jurisdiction over Ellsworth Air Force Base (Ellsworth), a federal enclave, sufficient to require that Ellsworth comply with South Dakota law in the procurement of its...

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