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CITY OF STILWELL, OKLA. v. OZARKS RURAL ELEC. COOPERATIVE

No. 97-7104.

166 F.3d 1064 (1999)

CITY OF STILWELL, OKLAHOMA, a municipal corporation, Plaintiff-Appellee, v. OZARKS RURAL ELECTRIC COOPERATIVE CORPORATION, Defendant-Appellant, and Rural Electric Company, United States of America (ex rel.); National Rural Utilities Cooperative Finance Corporation, Defendants.

United States Court of Appeals, Tenth Circuit.

January 26, 1999.

Attorney(s) appearing for the Case

Lloyd E. Cole, Jr., Stilwell, Oklahoma, for Plaintiff-Appellee.

Patrick D. Shore (John R. Eldridge, III of Burke & Eldridge, P.A., Fayetteville, Arkansas, with him on the briefs) of Derryberry, Quigley, Solomon & Naifeh, Oklahoma City, Oklahoma, for Defendant-Appellant.

Before BRORBY, BARRETT and EBEL, Circuit Judges.

BRORBY, Circuit Judge.

This appeal involves a dispute over the calculation of just compensation in a condemnation proceeding under Oklahoma law, and whether the commissioners appointed by the district court and charged with calculating damages qualify as "disinterested" parties. Appellee, the City of Stilwell, Oklahoma, seeks to condemn certain electric distribution facilities of Appellant, Ozarks Electric Cooperative Corporation ("Ozarks"), located within newly annexed...

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