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NORTHERN NAT. GAS CO. v. IOWA UTILITIES BD.

No. 03-0056.

679 N.W.2d 629 (2004)

NORTHERN NATURAL GAS COMPANY, Appellant, v. IOWA UTILITIES BOARD, a Division of the Iowa Department of Commerce, Appellee. Office of Consumer Advocate, a Division of the Iowa Department of Justice, Aquila, Inc., d/b/a Aquila Networks, Inc., f/k/a UtiliCorp United, Inc., d/b/a Peoples Natural Gas, a Delaware Corporation, Intervenors-Appellees.

Supreme Court of Iowa.

May 12, 2004.

Attorney(s) appearing for the Case

J. Gregory Porter, Omaha, Nebraska, and Sheila K. Tipton of Dorsey & Whitney L.L.P., Des Moines, for appellant.

David J. Lynch and Cecil I. Wright, Des Moines, for appellee Iowa Utilities Board.

John R. Perkins and Jennifer C. Easler, Des Moines, for intervenor Office of Consumer Advocate.

Richard W. Lozier, Jr. of Belin Lamson McCormick Zumbach Flynn, P.C., Des Moines, and Michael S. Degan of Blackwell Sanders Peper Martin, L.L.P., Omaha, Nebraska, for intervenor Aquila, Inc.

CADY, Justice.

In this appeal, we review a decision by the district court that affirmed a decision by the Iowa Utilities Board that ordered Northern Natural Gas Company to pass a tax refund to Peoples Natural Gas Company, n/k/a Aquila, Inc., for distribution to Iowa customers. We affirm the judgment of the district court.

I. Background Facts and Proceedings.

Northern Natural Gas Company is a Delaware corporation with its principal place of business...

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