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  5. 719 F.Supp. 1489 (1989)
 

WEST RIVER ELEC. v. BLACK HILLS POWER AND LIGHT

Nos. CIV. 88-5151 to CIV. 88-5153 and CIV. 89-5019.

719 F.Supp. 1489 (1989)

WEST RIVER ELECTRIC ASSOCIATION, INC., Plaintiff, v. BLACK HILLS POWER AND LIGHT COMPANY and Ellsworth Air Force Base, Defendants. (Three Cases) BLACK HILLS POWER AND LIGHT COMPANY, Plaintiff, v. HEARTLAND CONSUMERS POWER DISTRICT, Defendant. (Three Cases)

United States District Court, D. South Dakota, W.D.

August 14, 1989.

Attorney(s) appearing for the Case

Wayne F. Gilbert, Banks, Johnson, Johnson, Colbath and Huffman, Rapid City, S.D., for West River Elec. Ass'n, Inc.

David E. Morrill, Timothy L. Thomas, Morrill Brown & Thomas, Rapid City, S.D., for Black Hills Power and Light Co.

Drake Cutini, Surell Brady, Dept. of Justice, Civ. Div., Washington, D.C., Major Gary A. Enders, HG USAF/ULT, Tyndall Air Force Base, Fla., Ted L. McBride, United States Atty., Rapid City, S.D., for Ellsworth Air Force Base.

Vincent J. Protsch, Mumford, Protsch and Pardy, Madison, S.D., for Heartland Consumers Power Dist.

MEMORANDUM OPINION AND ORDER

BATTEY, District Judge.

NATURE AND PROCEDURAL HISTORY

(a) Current Parties and Nature of Case

This matter comes before the Court on cross motions for summary judgment of Black Hills Power and Light Company (Black Hills), West River Electric Association, Inc. (West River), Heartland Consumers Power District (Heartland), and Ellsworth Air Force Base (Ellsworth). This case involves an appeal from an October 31...

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