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MERGEN v. NORTHERN STATES POWER CO.

No. 21371.

621 N.W.2d 620 (2001)

2001 SD 14

James MERGEN, Plaintiff and Appellee, v. NORTHERN STATES POWER COMPANY, Defendant, and City of Sioux Falls, Intervenor and Appellant.

Supreme Court of South Dakota.

Decided January 31, 2001.

Attorney(s) appearing for the Case

Steven M. Johnson and Matthew T. Tobin of Johnson, Heidepriem, Miner, Marlow and Janklow, Sioux Falls, SD, Attorneys for plaintiff and appellee.

R. Shawn Tornow, Chief Assistant City Attorney, Sioux Falls, SD, Attorney for intervenor and appellant.

AMUNDSON, Justice.

[¶ 1.] The City of Sioux Falls ("City") appeals the trial court's determination to condition the City's right to intervene on the payment of costs, including attorneys' fees to James Mergen, the plaintiff. City appeals. We reverse and remand.

FACTS

[¶ 2.] On May 13, 1998, James Mergen, an employee with the City's Lights Department, was called by Northern States Power ("NSP") regarding an electrical connection in need...

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