SIOUX CITY FOUNDRY v. SOUTH SIOUX CITY, NEB.

No. 91-2268.

968 F.2d 777 (1992)

SIOUX CITY FOUNDRY COMPANY, an Iowa Corporation, Plaintiff-Appellant, v. CITY OF SOUTH SIOUX CITY, NEBRASKA, a Municipal Corporation, Defendant-Appellee, Ernest Albertsen, Keith Ferris, Wayne Boyd, Don McKinney, Richard Petersen, Jack Bobier, Merrill Downhour, Wayne Shanks, Harold Pilgrim, Jerry Curry, Frank Boeshart, Vern Larson, Don Lahann, Dennis Nelson, Third-Party Defendants.

United States Court of Appeals, Eighth Circuit.

Decided July 10, 1992.

Rehearing and Rehearing Denied September 3, 1992.


Attorney(s) appearing for the Case

Douglas L. Curry, Lincoln, Neb., argued (Linda W. Rohman, on the brief), for appellant.

David M. Geier, Lincoln, Neb., argued (Richard M. Duxbury, on the brief), for appellee.

Before MAGILL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LOKEN, Circuit Judge.


Rehearing and Rehearing En Banc Denied September 3, 1992.

LOKEN, Circuit Judge.

In 1968, Sioux City Foundry Company ("SCF") contracted with South Sioux City, Nebraska, to purchase electricity from the City-owned utility at a special rate. In April 1989, after determining that the special rate was failing to cover its wholesale power costs, the City declared the contract null and void and began billing SCF at a significantly higher rate. SCF, a citizen of Iowa...

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