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WOIDA v. UNITED STATES

No. 4-77 Civ. 443.

446 F.Supp. 1377 (1978)

Matthew WOIDA, John Tripp, Eugene Quinn, John E. Frolek, Douglas M. Mund, Denver Roseberg, Philip E. Carufel, States United for Rural Environment, Plaintiffs, v. UNITED STATES of America, Bob Bergland, Secretary, United States Department of Agriculture, David A. Hamil, Administrator, Rural Electrification Administration, J. W. Ray, Colonel, District Engineer, Omaha District, United States Army Corps of Engineers, United Power Association and Cooperative Power Association, Defendants.

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

March 10, 1978.

Attorney(s) appearing for the Case

Charles K. Dayton, Dayton, Herman & Graham, Minneapolis, Minn., Bruce J. Terris, Washington, D. C., for plaintiffs.

Andrew W. Danielson, U. S. Atty. by Stephen G. Palmer, Asst. U. S. Atty., Minneapolis, Minn., Robert B. Michel, Dept. of Agriculture, Washington, D. C., for defendants United States of America, Bob Bergland, David A. Hamil and J. W. Ray.

Roger C. Miller, LeVander, Gillen, Miller & Magnuson, South St. Paul, Minn., for defendant United Power Association.

John E. Drawz, LeFevere, Lefler, Pearson, O'Brien & Drawz, Minneapolis, Minn., for defendant Cooperative Power Association.

MEMORANDUM ORDER

ALSOP, District Judge.

I. FACTUAL BACKGROUND

Cooperative Power Association (CPA) and United Power Association (UPA) are Minnesota cooperative associations. Both are engaged in the business of the generation and transmission of electric power to their respective members. CPA's members are 19 rural electric cooperative distribution systems. CPA's member cooperatives serve residential, agricultural and commercial users in west central...

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