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PRAIRIE LAND ELEC. v. KANSAS ELEC. POWER

No. 102,630.

323 P.3d 1270 (2014)

PRAIRIE LAND ELECTRIC COOPERATIVE, INC., A Kansas Electric Cooperative, Plaintiff/Appellee, v. KANSAS ELECTRIC POWER COOPERATIVE, INC., Defendant/Appellant, and Sunflower Electric Power Corporation, Defendant/Appellee.

Supreme Court of Kansas.

May 16, 2014.

Attorney(s) appearing for the Case

Timothy J. Sear , of Polsinelli Shughart PC, of Overland Park, argued the cause, and Kevin J. Breer and Brett C. Randol , of the same firm, and R. Douglas Sebelius , of Sebelius and Griffiths, LLP, of Norton, were with him on the briefs for defendant/appellant Kansas Electric Power Cooperative, Inc.

John F. McClymont , of Ryan, Walter & McClymont, Chtd., of Norton, argued the cause and was on the briefs for plaintiff/appellee Prairie Land Electric Cooperative, Inc.

James M. McVay , of Watkins Calcara, Chtd., of Great Bend, argued the cause and was on the briefs for defendant/appellee Sunflower Electric Power Corporation.

The opinion of the court was delivered by MORITZ, J.:

We granted review in this declaratory judgment action to consider a unique contract question involving three parties, one of which entered into two separate "all-requirements" contracts, agreeing to purchase all of its wholesale electricity needs from each of the other two parties. The district court ruled in favor of the supplier that entered into the first all-requirements contract, and the Court of Appeals reversed...

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