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U.S. v. BASIN ELEC. POWER CO-OP.

No. 99-3122, 99-3216, 99-3450.

248 F.3d 781 (2001)

UNITED STATES of America; United States of America, ex rel Robert J. Norbeck, Plaintiffs-Appellees, v. BASIN ELECTRIC POWER COOPERATIVE, Defendant-Appellant. United States of America, Plaintiff, United States of America, ex rel Robert J. Norbeck, Plaintiff-Appellant, v. Basin Electric Power Cooperative, Defendant-Appellant. United States of America, Plaintiff-Appellant, United States of America, ex rel Robert J. Norbeck, Plaintiff, v. Basin Electric Power Cooperative, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 30, 2001.

Order Denying Petition for Rehearing and for Rehearing August 21, 2001.

Attorney(s) appearing for the Case

Gary Hansen, argued, Minneapolis, MN (Edwaed F. Fox, J. Aron Allen, on the brief), for appellant.

Irvin B. Nodland, argued, Bismarck, ND, for Robert Norbeck.

Robert M. Loeb, argued, Washington, DC (David W. Ogden, John Schneider, Douglas N. Letter, Benjamin J. Vernia, on the brief), for U.S.

Before WOLLMAN, Chief Judge, LAY and BEAM, Circuit Judges.

Order Denying Petition for Rehearing and for Rehearing En Banc August 21, 2001.

LAY, Circuit Judge.

PART I. INTRODUCTION

Basin Electric Power Cooperative ("Basin"), located in North Dakota, was organized to build power plants and provide power for its members. In the late 1970s and early 1980s, Basin constructed the Antelope Valley Station ("AVS facility") in North Dakota, which is the subject of this litigation. The AVS facility includes three separate...

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