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CAPITAL ELEC. CO-OP v. PUBLIC SERVICE COMM'N

Civ. No. 940401.

534 N.W.2d 587 (1995)

CAPITAL ELECTRIC COOPERATIVE, INC., Respondent and Appellee, v. PUBLIC SERVICE COMMISSION OF the STATE of NORTH DAKOTA, Respondent, and Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc., Applicant and Appellant.

Supreme Court of North Dakota.

July 3, 1995.

Attorney(s) appearing for the Case

Jan M. Sebby (argued), Pringle & Herigstad, PC, Minot, for respondent and appellee.

William P. Pearce (argued), Pearce & Durick, Bismarck, and Douglas W. Schulz (appearance), MDU Resources Group, Inc., Bismarck, for applicant and appellant.

NEUMANN, Justice.

This appeal involves a dispute under the Territorial Integrity Act, N.D.C.C. §§ 49-03-01 et seq., over an extension of electric service to a new customer located outside municipal corporate limits. The disputants are Capital Electric Cooperative, Inc. (Capital Electric), a rural electric cooperative, and Montana-Dakota Utilities Co. (MDU), an electric public utility1 regulated under the Territorial Integrity...

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