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SWECKER v. MIDLAND POWER CO-OP.

No. 14-2186.

807 F.3d 883 (2015)

Gregory R. SWECKER; Beverly F. Swecker, Plaintiffs-Appellants v. MIDLAND POWER COOPERATIVE; Central Iowa Power Cooperative, Defendants-Appellees

United States Court of Appeals, Eighth Circuit.

Filed: October 6, 2015.

Rehearing and Rehearing En Banc Denied November 17, 2015.

Attorney(s) appearing for the Case

Sean A. Minahan , argued, Omaha, NE, for Plaintiffs-Appellants.

Stephen Blake Kinnaird , argued, Washington, DC, (Candice Castaneda, William David DeGrandis, Washington, DC, on the brief), for Defendants-Appellees.

Before LOKEN, BYE, and KELLY, Circuit Judges.

Beverly and Gregory Swecker own a farm in Iowa that has a wind generator and is a qualifying power production facility ("QF") certified by the Federal Energy Regulatory Commission ("FERC"). The Sweckers sell surplus electric energy to Midland Power Cooperative at a rate established by the Iowa Utilities Board ("IUB"), implementing...

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