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APPLICATION OF CITY OF LINCOLN

No. S-91-430.

500 N.W.2d 183 (1993)

243 Neb. 458

In re Application of CITY OF LINCOLN, Nebraska. CITY OF LINCOLN, Nebraska, doing business as Lincoln Electric System, Appellant, v. NORRIS PUBLIC POWER DISTRICT, Appellee.

Supreme Court of Nebraska.

May 21, 1993.

Attorney(s) appearing for the Case

Charles D. Humble and Linda W. Rohman, of Erickson & Sederstrom, P.C., Lincoln, for appellant.

Steven G. Seglin, of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for appellee.

Patrick W. Healey, of Healey Wieland Law Firm, Lincoln, for amicus curiae Nebraska Rural Elec. Ass'n.

Glenda J. Lanik, Lincoln, for amici curiae, League of Nebraska Municipalities and Nebraska Mun. Power Pool.

Patrick W. Healey, of Healey Wieland Law Firm, Lincoln, for amicus curiae, Cornhusker Public Power Dist.

Kenneth M. Olds, of Olds and Pieper, Wayne, for amicus curiae, Nebraska Elec. Generation and Transmission Co-op., Inc.

HASTINGS, C.J., BOSLAUGH, CAPORALE, SHANAHAN, and FAHRNBRUCH, JJ., and GRANT, J., Retired.

CAPORALE, Justice.

I. STATEMENT OF CASE

The applicant-appellant, City of Lincoln (doing business as Lincoln Electric System), sought from the Nebraska Power Review Board a modification of the city's electrical service area so as to permit the city to supply electrical services in an area now served by the protestant-appellee, Norris Public Power District. Prior to hearing, Norris unsuccessfully moved to dismiss the application on the ground that the city...

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