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ROCHESTER v. PEOPLE'S CO-OP. POWER ASS'N

Nos. C2-90-2141, C5-90-2148 and C5-90-2151.

483 N.W.2d 477 (1992)

CITY OF ROCHESTER, Appellant, v. PEOPLE'S COOPERATIVE POWER ASSOCIATION, INC., etc., et al., Respondents, Minnesota Public Utilities Commission, and Minnesota Department of Public Service, Intervenors, Respondents.

Supreme Court of Minnesota.

April 24, 1992.

Attorney(s) appearing for the Case

Richard V. Ehrick, Joseph F. Chase, O'Brien, Ehrick, Wolf, Deaner & Maus, Rochester, for appellant.

Kenneth R. Moen, Dunlap, Finseth, Berndt & Sandberg, Rochester, for People's Co-op. Power Ass'n.

Margaret Hendrickson, St. Paul, for MN Public Utilities Comn.

Heard, considered and decided by the court en banc.

COYNE, Justice.

At issue are the alternative procedures afforded by operation of either Minn.Stat. § 216B.44 or Minn.Stat. § 216B.47 to the City of Rochester in its efforts to acquire the facilities and service area rights of People's Cooperative Power Association, Inc. in territory newly annexed by the City. The City has sought review of a decision of the court of appeals affirming the district court's reliance upon the doctrine of primary jurisdiction...

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