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CITY OF OWATONNA v. INTERSTATE POWER CO.

No. 426.

18 F.Supp. 6 (1936)

CITY OF OWATONNA v. INTERSTATE POWER CO. et al.

District Court, D. Minnesota, First Division.

April 29, 1936.

Attorney(s) appearing for the Case

Leach & Leach, of Owatonna, Minn., for plaintiff.

Brown, Somsen & Sawyer, of Winona, Minn., for Interstate Power Co.

Kyle & Kyle, of St. Paul, Minn., for Donovan Construction Co.

NORDBYE, District Judge.

The controlling facts and circumstances of this controversy, concerning which there is no marked dispute, may be stated as follows:

On January 29, 1927, the City of Owatonna and the Donovan Company entered into a contract for the sale and purchase of electrical energy, the pertinent provisions of which may be thus summarized:

Article (1) of this agreement provides:

"The Company hereby agrees to purchase and the City...

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