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CITY OF ST. PAUL v. N.S.P. CO.

No. C5-89-1687.

462 N.W.2d 379 (1990)

CITY OF SAINT PAUL, Respondent, v. NORTHERN STATES POWER COMPANY, Centran Corporation, and Enron Gas Marketing, Inc., Petitioners, Appellants.

Supreme Court of Minnesota.

November 2, 1990.

Attorney(s) appearing for the Case

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

John Paul Martin, Kevin J. Dunlevy, Peterson, Tews & Squires, Mpls., for Centran Corp.

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

Jane A. McPeak, City Atty., Philip B. Byrne, Asst. City Atty., St. Paul, and of counsel: Sara A. Poulos, Robins, Kaplan, Miller & Ciresi, Minneapolis, for respondent.

David J. Muchow, Miriam S. Pederson, American Gas Assoc., Arlington, Va., for amicus American Gas Assoc.

Ralph J. Pearson, Jr., Texaco, Inc., Houston, Tex., and John H. Sharp, Washington, D.C., for amicus Natural Gas Supply Assoc.

Clement F. Springer, Jr., William D. Carstedt, Defrees & Fiske, Chicago, Ill., for amicus Interstate Power Co.

Heard, considered and decided by the court en banc.

YETKA, Justice.

This case arises from an action brought by the City of St. Paul seeking a declaratory judgment that the appellants Centran Corporation and Enron Gas Marketing, Inc. (EGM) obtain a franchise to sell natural gas to end users within the city. St. Paul also sought to enjoin appellant Northern States Power (NSP) from transporting natural gas owned by others to end users through its gas lines within the city. On cross motions for summary judgment (St. Paul...

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