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OTTER TAIL POWER CO. v. VILLAGE OF ELBOW LAKE

No. 35,560.

234 Minn. 419 (1951)

OTTER TAIL POWER COMPANY AND OTHERS v. VILLAGE OF ELBOW LAKE AND OTHERS.

Supreme Court of Minnesota.

June 22, 1951.

Attorney(s) appearing for the Case

Field, Field & Arvesen, for appellants.

Swanson Brothers, for respondents Village of Elbow Lake and the members of its council.

Ryan, Ryan, Ryan & Ebert, for respondent General Engineering Corporation.

Briggs, Gilbert, Morton, Kyle & Macartney, for respondents Fairbanks, Morse & Company and W.G. Peterson.

KNUTSON, JUSTICE.

The village of Elbow Lake is organized under the general statutes of this state. For many years, plaintiff Otter Tail Power Company has furnished electricity to the village and its inhabitants under a nonexclusive franchise. For some years prior to the holding of the election hereinafter mentioned, there had been talk of constructing a municipally owned and operated power plant. The members of the council and members of the civic and commerce club...

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