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NORTHERN STATES POWER v. FEDERAL TRANSIT ADMIN.

No. 03-1517.

358 F.3d 1050 (2004)

NORTHERN STATES POWER COMPANY, doing business as Xcel Energy, Plaintiff-Appellant, v. FEDERAL TRANSIT ADMINISTRATION; Defendant, Minnesota Department Of Transportation; Elwyn Tinklenberg, Commissioner of Transportation, individually and officially; Minnesota Metropolitan Council; State of Minnesota, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 20, 2004.

Attorney(s) appearing for the Case

Timothy Robert Thornton, argued, Minneapolis, Minnesota (Thomas J. Basting, Jr, on the brief), for appellant.

Donald J. Mueting, argued, for appellees Minnesota Department of Transportation, Elwyn Tinklenberg, and State of Minnesota.

Lewis A. Remele, Jr., argued, (Charles E. Lundberg, Andrew L. Marshall, and Jessica Mason Piekklo, on the brief), for appellee Minnesota Metropolitan Council.

Before WOLLMAN, LAY, and RILEY, Circuit Judges.

LAY, Circuit Judge.

The Minnesota Department of Transportation ("MnDOT") ordered Northern States Power, doing business as Xcel Energy ("Xcel"), to relocate its underground utility facilities beneath Fifth Street in downtown Minneapolis to make way for the Hiawatha Light Rail Transit project ("LRT"). Xcel filed suit for declaratory and injunctive relief, contesting MnDOT's authority to give such an order and asserting that it was entitled to the costs of relocation...

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