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CITY OF MARSHALL v. HEARTLAND CONSUMERS POWER

No. 03-3115.

384 F.3d 517 (2004)

CITY OF MARSHALL, MINNESOTA, suing as City of Marshall, Minnesota, by and through the Marshall Municipal Utilities, Appellee, v. HEARTLAND CONSUMERS POWER DISTRICT, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 13, 2004.

Attorney(s) appearing for the Case

Richard D. Casey, argued, Sioux Falls, SD (James V. Roth and Cheryl A. Stanton, Minneapolis, MN, on the brief), for appellant.

Michael P. May, argued, Madison, WI, for appellee.

Before LOKEN, Chief Judge, BRIGHT, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

The City of Marshall ("Marshall") operates an electric utility and buys its power from Heartland Consumers Power District ("Heartland"). In 1998, Marshall sued Heartland for breach of contract and violations of statutory requirements. The litigation was aborted after the parties entered into a settlement agreement establishing reserve funds for various purposes, which included a process for refund to...

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