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MINNESOTA GAS COMPANY v. PUBLIC SERVICE COM., ETC.

No. 4-74-Civ. 289.

394 F.Supp. 327 (1974)

MINNESOTA GAS COMPANY, a Delaware Corporation, Plaintiff, v. PUBLIC SERVICE COMMISSION, DEPARTMENT OF PUBLIC SERVICE, STATE OF MINNESOTA, and City of Minneapolis, State of Minnesota, Defendants.

United States District Court, D. Minnesota, Fourth Division.

December 12, 1974.

Attorney(s) appearing for the Case

George C. Mastor, Mastor & Mattson, Minneapolis, Minn., for plaintiff.

Warren Spannaus, Atty. Gen. by Thomas H. Jensen, Sp. Asst. Atty. Gen., and Peter W. Sipkins, Sol. Gen., St. Paul Minn., for Public Service Commission.

Walter Duffy, City Atty. by Arvid M. Falk, Asst. City Atty., Minneapolis, Minn., for City of Minneapolis.

MEMORANDUM AND ORDER

LARSON, District Judge.

This action for a declaratory judgment challenges the constitutionality of § 36 of the Minnesota Public Utilities Act of 1974 (Minn.Stats. § 216B.36) insofar as it impairs the 1970 Franchise Agreement between plaintiff and the City of Minneapolis. Jurisdiction is invoked pursuant to 28 U.S.C. §§ 1331, 2201. Presently pending are motions by defendant Public Service Commission to dismiss the...

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