UTILITY ELEC. SUPPLY v. ABB POWER T & D CO.

No. 94-1094.

36 F.3d 737 (1994)

UTILITY ELECTRIC SUPPLY, INC. Plaintiff-Appellant, v. ABB POWER T & D CO., INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 27, 1994.


Attorney(s) appearing for the Case

Thomas E. Simmons, Rapid City, SD, argued, for appellant.

Michael B. Waitzkin, Washington, DC, argued (Robert I. Dodge, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and MELLOY, Chief District Judge.


JOHN R. GIBSON, Senior Circuit Judge.

Utility Electric Supply, Inc. appeals from summary judgment on its claim against ABB Power T & D Company, arguing that electrical equipment manufactured by ABB and distributed by Utility is "industrial equipment" under the South Dakota Franchise Act, Chapter 37-5. S.D.Codified Laws Ann. § 37-5 (1994). Utility argues that its relationship with ABB is entitled to protection under...

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