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NEBRASKA PUBLIC POWER DIST. v. MIDAMERICAN ENERGY

No. 99-4067.

234 F.3d 1032 (2000)

NEBRASKA PUBLIC POWER DISTRICT, a political subdivision of the State of Nebraska, Appellee, v. MIDAMERICAN ENERGY COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 12, 2000.

Rehearing and Suggestion for Rehearing Denied January 24, 2001.

Attorney(s) appearing for the Case

Jerrold Lee Strasheim, argued, Omaha, NE (Mary Leiter Swick, Charles R. Montgomery, on the brief), for appellant.

William M. Lamson, argued, Omaha, NE (David J. Schmitt, John R. McPhail, Robert A. Green, on the brief), for appellee.

Before: WOLLMAN, Chief Judge, BEAM and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied January 24, 2001.

BEAM, Circuit Judge.

MidAmerican Energy Company ("MEC") appeals the district court's ruling on summary judgment that MEC contractually owes appellee Nebraska Public Power District ("NPPD") current, non-refundable payments towards the estimated decommissioning costs for a nuclear facility. We reverse and remand.

In 1967, the parties' predecessors entered a "Power Sales Contract...

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