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SOUTHERN NEB. v. NEB. ELEC. GENERATION

No. S-94-275.

546 N.W.2d 315 (1996)

249 Neb. 913

SOUTHERN NEBRASKA RURAL PUBLIC POWER DISTRICT, a public corporation and political subdivision, et al., Appellants, v. NEBRASKA ELECTRIC GENERATION AND TRANSMISSION COOPERATIVE, INC., an electric cooperative corporation, and Nebraska Public Power District, a public corporation and political subdivision, Appellees.

Supreme Court of Nebraska.

April 25, 1996.

Attorney(s) appearing for the Case

Kenneth H. Elson, Grand Island, for appellants.

Thomas M. Maul, of Grant, Rogers, Maul & Grant, Columbus, for appellee Nebraska Electric Generation and Transmission Cooperative, Inc.

Gene D. Watson, Lincoln, for appellee Nebraska Public Power District.

John H. Skavdahl, of Skavdahl & Wickersham, Harrison, for amicus curiae Tri-State Generation and Transmission Association, Inc.

WHITE, C.J., CAPORALE, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

CONNOLLY, Justice.

The appellants, Southern Nebraska Rural Public Power District (Southern), Elkhorn Rural Public Power District (Elkhorn), and Niobrara Valley Electric Membership Corporation (Niobrara), brought this action for declaratory judgment pursuant to Neb.Rev. Stat. § 25-21,149 et seq. (Reissue 1995). The appellants seek to have their wholesale electric power contracts with the appellee Nebraska Electric Generation and Transmission Cooperative, Inc....

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