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APPLICATION OF CITY OF WHITE

No. 12589.

294 N.W.2d 433 (1980)

In the Matter of the APPLICATION OF the CITY OF WHITE, South Dakota, for Certification of Municipal Boundaries.

Supreme Court of South Dakota.

Decided July 9, 1980.

Attorney(s) appearing for the Case

Mark G. English of Arvesen, Donoho, Lundeen, Hoff, Svingen & English, Fergus Falls, Minn. and Warren W. May of May, Adam, Gerdes & Thompson, Pierre, for appellant Otter Tail Power Co.

George S. Mickelson of McCann, Martin & Mickelson, P. C., Brookings, for appellee City of White, South Dakota.

Ben Stead, Asst. Atty. Gen., Pierre, for appellee South Dakota Public Utilities Commission.

WOLLMAN, Chief Justice.

Appellant Otter Tail Power Company (Otter Tail) appeals from an order of the circuit court that affirmed the Public Utilities Commission's (Commission) decision that the Commission has the authority to assign an electric service area to the city of White (White) and that remanded to the Commission the issue of compensation due Otter Tail for service contracts with customers within White. We dismiss in part and reverse in part.

Otter...

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