DAKOTA ENERGY v. EAST RIVER ELEC. POWER

No. 22-1884.

75 F.4th 870 (2023)

DAKOTA ENERGY COOPERATIVE, INC., Plaintiff-Appellant v. EAST RIVER ELECTRIC POWER COOPERATIVE, INC., Defendant-Appellee Basin Electric Power Cooperative, Intervenor Defendant-Appellee Next Generation Cooperative Alliance; Geoffrey F. Heffernan; Jeremy D. Weinstein, Amici on Behalf of Appellant(s).

United States Court of Appeals, Eighth Circuit.

Filed: July 28, 2023.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Peter W. Herzog, III , of Saint Louis, MO. The following attorneys also appeared on the brief of the appellant: Lee Schoenbeck , of Watertown, SD; Joseph Erickson , of Watertown, SD; Joel S. Neckers , of Denver, CO; and Frederick R. Yarger , of Denver, CO.

Counsel who presented argument on behalf of the appellee East River Electric Power Cooperative, Inc., and appeared on the brief was James A. Orr , of Atlanta, GA. The following attorneys also appeared on the appellee brief of East River Electric Power Cooperative, Inc.: Dana Van Beek Palmer , of Sioux Falls, SD; R. Alan Peterson , of Sioux Falls, SD; Stacey M. Mohr , of Atlanta, GA; and Tracey K. Ledbetter , of Atlanta, GA.

Counsel who presented argument on behalf of the appellee Basin Electric Power Cooperative and appeared on the brief was Andrew D. Silverman , of New York, NY. The following attorneys also appeared on the appellee brief of Basin Electric Power Cooperative: Benjamin P. Chagnon , of Washington, DC; Meredith A. Moore , of Sioux Falls, SD; J. Peter Coll , of New York, NY; Lisa T. Simpson , of New York, NY; and Joseph R. Kolker , of New York, NY.

Counsel who appeared on the amicus brief of Next Generation Cooperative Alliance in support of the appellant was Raymond L. Gifford , of Denver, CO; Matthew S. Larson , of Denver, CO; and Gregory S. Sopkin , of Denver, CO.

Counsel who appeared on the amicus brief of Jeremy D. Weinstein and Geoffrey F. Heffernan in support of the appellant was Mark R. Bradford , of Minneapolis, MN.

Before BENTON, KELLY, and ERICKSON, Circuit Judges.


Dakota Energy Power Cooperative, Inc., a member of East River Electric Power Cooperative, Inc., sought to withdraw from East River and to terminate the parties' long-term power contract so that it could purchase electricity from another source. When East River resisted, Dakota Energy sued for anticipatory breach of contract...

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