STILWELL, OKL. v. OZARKS RURAL ELEC. CO-OP. CORP.

No. 94-293-S.

870 F.Supp. 1025 (1994)

CITY OF STILWELL, OKLAHOMA, Plaintiff, v. OZARKS RURAL ELECTRIC COOPERATIVE CORP.; United States of America ex rel. Rural Electrification Administration; and National Rural Utilities Cooperative Finance Corp., Defendants.

United States District Court, E.D. Oklahoma.

November 4, 1994.


Attorney(s) appearing for the Case

Lloyd E. Cole, Jr., Stilwell, OK, for plaintiff.

Larry Derryberry and Patrick D. Shore, Oklahoma City, OK, and John R. Eldridge, III, Fayetteville, AR, for Ozarks.

Susan Brandon, Asst. U.S. Atty., Muskogee, OK, and Douglas J. Hughes, U.S. Dept. of Justice, Washington, DC, for U.S.

Patrick D. Shore and John R. Eldridge, III, Oklahoma City, OK, and Cynthia L. Garegnani, Asst. Gen. Counsel, Herndon, VA, for National.


ORDER

SEAY, Chief Judge.

This matter comes before the court on the motion for summary judgment filed by Ozarks Electric Cooperative Corporation ("Ozarks"). In its motion, Ozarks asserts that the attempted state law expropriation of its property by the City of Stilwell ("the City") is preempted under the Supremacy Clause of the United States Constitution because such expropriation would frustrate the purpose of the Rural Electrification Act ("REAct...

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