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METRO. UTILITIES DIST. OF OMAHA v. AQUILA

No. S-05-127.

712 N.W.2d 280 (2006)

271 Neb. 454

METROPOLITAN UTILITIES DISTRICT OF OMAHA, a Nebraska political subdivision and municipal corporation, Appellant and Cross-Appellee v. AQUILA, INC., Appellee, a Delaware Corporation, and the Nebraska Public Service Commission, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

April 21, 2006.

Attorney(s) appearing for the Case

Paul M. Schudel and Krista L. Kester, of Woods & Aitken, L.L.P., Lincoln, and Susan E. Prazan, Omaha, for appellant.

Jon Bruning, Attorney General, and L. Jay Bartel, for appellee Nebraska Public Service Commission.

L. Steven Grasz, Megan Sebastian Wright, and Michael J. Mullen, of Blackwell, Sanders, Peper & Martin, L.L.P., Omaha, for appellee Aquila, Inc.

Hendry, C.J., Connolly, Gerrard, Stephan, McCormack, and Miller-Lerman, JJ., and Hannon, Judge, Retired.

CONNOLLY, J.

Metropolitan Utilities District of Omaha (MUD) appeals the district court's order affirming a decision of the Nebraska Public Service Commission (PSC). The PSC ordered MUD to cease and desist construction of a gas main extension. Aquila, Inc., MUD's competitor, filed a formal complaint with the PSC for a determination that MUD's proposed extension was not in the public interest as required by Neb.Rev.Stat....

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