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ENXCO DEVELOPMENT CORP. v. NORTHERN STATES POWER

No. 13-1918.

758 F.3d 940 (2014)

ENXCO DEVELOPMENT CORPORATION, Plaintiff-Appellant v. NORTHERN STATES POWER COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 10, 2014.

Attorney(s) appearing for the Case

Leonard J. Feldman , argued ( James Will Eidson , on the brief), Seattle, WA ( Joel A. Mullin , on the brief, Portland, OR), for Plaintiff-Appellant.

Charles F. Webber , argued ( Deborah Ann Ellingboe , Aaron Daniel Van Oort , on the brief), Minneapolis, MN, for Defendant-Appellee.

Before SMITH, BEAM, and BENTON, Circuit Judges.

SMITH, Circuit Judge.

enXco Development Corp. ("enXco") and Northern States Power Co. (NSP) contracted for the construction of a wind-energy project in North Dakota. enXco did not obtain a permit by a date certain, thus failing to satisfy a condition precedent to the contract. NSP then terminated the contract. enXco suffered several million dollars in losses.

enXco sued NSP for breach of contract. The district court1 granted NSP...

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