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NORTHERN STATES POWER v. FEDERAL TRANSIT ADMIN.

No. 01-2414MN.

270 F.3d 586 (2001)

NORTHERN STATES POWER COMPANY, doing business as Xcel Energy, a Minnesota corporation, Appellee, v. FEDERAL TRANSIT ADMINISTRATION, an administration of the United States Department of Transportation; Elwyn Tinklenberg, Commissioner of Transportation, individually and officially; Minnesota Metropolitan Council; and State of Minnesota, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 2, 2001.

Attorney(s) appearing for the Case

Timothy R. Thornton, argued, Minneapolis, MN, for appellant.

Donald J. Mueting, Assistant Attorney General, argued, St. Paul, MN (Mike Hatch, Attorney General and Ann K. Bloodhart, Assistant Attorney General, on the brief), for appellee.

Before BOWMAN, RICHARD S. ARNOLD, and HANSEN, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the District Court1 granting a preliminary injunction. The injunction, granted on the basis of a counterclaim filed by the defendants (based on Minnesota law), orders the plaintiff, Northern States Power Company, doing business as Xcel Energy, to relocate, at its own expense, certain underground power lines and related facilities. The facilities in question are located under Fifth Street and...

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