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NORTHWESTERN PUBLIC SERVICE v. UNION CARBIDE CORP.

No. CIV. 99-4182.

236 F.Supp.2d 966 (2002)

NORTHWESTERN PUBLIC SERVICE, a division of Northwestern Corporation, f/k/a Northwestern Public Service Company, Plaintiff, v. UNION CARBIDE CORPORATION, Defendant.

United States District Court, D. South Dakota, Southern Division.

November 7, 2002.

Attorney(s) appearing for the Case

Richard O. Gregerson, James E. Moore, Woods, Fuller, Shultz & Smith, Sioux Falls, Stephen J. Powell, Jim D. DeKoster, Swisher & Cohrt, PLC, Waterloo, IA, for Plaintiff.

Thomas G. Fritz, Lynn, Jackson, Shultz & Lebrun, Rapid City, R. Alan Peterson, Lynn, Jackson, Shultz & Lebrun, Sioux Falls, Eric F. Quandt, Christopher T. Sheean, Caroline C. Heon, Kelley, Drye & Warren, LLP, Chicago, IL, for Defendant.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

The defendant, Union Carbide Corporation, has filed a Motion for Summary Judgment, which has been fully briefed by the parties. Additional motions were filed by defendant to exclude a settlement agreement, and to strike an expert report and affidavit. The plaintiff, Northwestern Public Service, filed a motion for leave to file a corrected and substituted statement of material facts and a motion to exclude...

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