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HOFFMAN v. NORTHERN STATES POWER CO.

No. A06-2275.

743 N.W.2d 751 (2008)

Irene HOFFMAN, et al., Respondents, v. NORTHERN STATES POWER COMPANY, d/b/a Xcel Energy Appellant.

Court of Appeals of Minnesota.

January 22, 2008.

Attorney(s) appearing for the Case

Vincent J. Esades, Lori A. Johnson, Scott W. Carlson, Heins Mills & Olson, P.L.C., Minneapolis, MN, Charles S. Siegel (pro hac vice), Waters & Kraus, LLP, Dallas, TX, for respondents.

Timothy R. Thornton, Thomas J. Basting, Jr., Briggs and Morgan, P.A., Minneapolis, MN, for appellant.

Considered and decided by HALBROOKS, Presiding Judge; STONEBURNER, Judge; and MINGE, Judge.

OPINION

HALBROOKS, Judge.

By certified question pursuant to Minn. R. Civ.App. P. 103.03(i), the district court asks (1) whether the filed-rate doctrine bars respondents' action and (2) whether the primary-jurisdiction doctrine requires the district court to defer resolution of the services required by the applicable tariffs to the responsible administrative agency. Because respondents' claim for damages, along with either specific performance or injunctive...

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