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SATELLITE CABLE SRVS. v. NORTHERN ELECTRIC

No. 20046.

581 N.W.2d 478 (1998)

1998 SD 67

SATELLITE CABLE SERVICES, INC., Plaintiff and Appellee, v. NORTHERN ELECTRIC COOPERATIVE, INC., a South Dakota Corporation, and its Wholly-Owned Subsidiary Northern Rural Cable TV Cooperative, Inc., Defendants and Appellants.

Supreme Court of South Dakota.

Decided July 1, 1998.

Attorney(s) appearing for the Case

Monte R. Walz of Davenport, Evans, Hurwitz and Smith, Sioux Falls, for plaintiff and appellee.

Harvey A. Oliver, Jr. of Richards & Oliver, Aberdeen, James A. O'Neal of Faegre & Benson LLP, Minneapolis, Minnesota, for defendants and appellants.

KONENKAMP, Justice.

¶ After the circuit court enjoined an electric cooperative and its subsidiary from offering cable television service in violation of a statute, the Legislature amended the law to remove the prohibition. We therefore set aside the injunction as no longer sustainable under the amended statute, but remand the case for trial on the issue of damages incurred during the time the cooperative violated the former statute by competing in a municipality...

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