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CITY OF ROCHESTER v. PEOPLE'S CO-OP.

No. CX-97-385.

567 N.W.2d 764 (1997)

CITY OF ROCHESTER, petitioner, Respondent, v. PEOPLE'S COOPERATIVE POWER ASSOCIATION, INC., a corporation organized under the laws of the State of Minnesota, Appellant, United States of America, through its Administrator of the Rural Electrification Administration, Lower Court Respondent, National Rural Utilities Cooperative Finance Corporation, a corporation organized under the laws of the District of Columbia, Lower Court Respondent.

Court of Appeals of Minnesota.

August 26, 1997.

Attorney(s) appearing for the Case

Joseph F. Chase, O'Brien, Ehrick, Wolf, Deaner & Maus, L.L.P., Rochester, for Respondent.

Kenneth R. Moen, Dunlap & Seeger, P.A., Rochester, for Appellant.

Considered and decided by PARKER, P.J., and DAVIES and FOLEY, JJ.

OPINION

DAVIES, Judge.

This is an appeal of a post-judgment order denying appellant's motion to dismiss a condemnation proceeding on the ground that respondent condemnor failed to timely comply with the payment requirement of Minn. Stat. § 117.195, subd. 1. We affirm.

FACTS

In January 1990, respondent City of Rochester, on behalf of its municipal power utility, began a condemnation...

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