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CAPITAL ELECTRIC v. CITY OF BISMARK

Nos. 20060199, 20060270.

736 N.W.2d 788 (2007)

2007 ND 128

CAPITAL ELECTRIC COOPERATIVE, INC., Plaintiff and Appellant v. CITY OF BISMARCK, North Dakota, Defendant and Appellee and Montana-Dakota Utilities, Inc., a Division of MDU Resources Group, Inc., Defendant, Counterclaimant, and Appellee and The Public Service Commission of North Dakota, Defendant Montana-Dakota Utilities Company, a Division of MDU Resources Group, Inc., Appellant v. The Public Service Commission of North Dakota and Capital Electric Cooperative, Inc., Appellees.

Supreme Court of North Dakota.

Rehearing Denied August 27, 2007.

Attorney(s) appearing for the Case

Carol K. Larson (argued), Pringle & Herigstad, Minot, N.D., for Capital Electric Cooperative, Inc., The Public Service Commission of North Dakota and Capital Electric Cooperative, Inc.

Randall J. Bakke (argued) and Mitchell D. Armstrong (on brief), Smith Bakke Porsborg & Schweigert, Bismarck, N.D., for City of Bismarck, North Dakota.

Daniel S. Kuntz (argued), MDU Resources Group, Inc., Bismarck, N.D., Jerome C. Kettleson (appeared) and Patrick W. Durick (on brief), Pearce & Durick, Bismarck, N.D., for Montana-Dakota Utilities, Inc., a Division of MDU Resources Group, Inc., Montana-Dakota Utilities Company, a Division of MDU Resources Group, Inc.

William W. Binek (argued), Special Assistant Attorney General, Public Service Commission, State Capitol, Bismarck, N.D., for appellee Public Service Commission of North Dakota.

SANDSTROM, Justice.

[¶ 1] Capital Electric Cooperative and Montana-Dakota Utilities Company ("MDU") both contend they are entitled to provide electric service to certain customers within the City of Bismarck. Capital Electric appeals from a judgment that "denied" its appeal from a Bismarck City Commission decision construing Bismarck's electric distribution franchises with Capital Electric and with MDU to allow MDU, and not Capital Electric, to provide electric...

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