PRAY, Chief Judge.
The above-entitled cause is before the court on the motion for summary judgment by defendant, Montana-Dakota Utilities Co., pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C., seeking dismissal of the action on the ground that there is no genuine issue as to any material fact and that the moving defendant is entitled to a judgment as a matter of law, or if summary judgment is not rendered in defendant's favor upon the whole case...
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