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BASIN ELEC. POWER COOPERATIVE v. PPL ENERGY PLUS

No. A1-04-010.

313 F.Supp.2d 1039 (2004)

BASIN ELECTRIC POWER COOPERATIVE, Plaintiff, v. PPL ENERGY PLUS, L.L.C., and PPL Montana, L.L.C., Defendants.

United States District Court, D. North Dakota, Southwestern Division.

April 19, 2004.

Attorney(s) appearing for the Case

John W. Morrison, Jr., Fleck, Mather & Strutz, Ltd., Bismarck, ND, for Plaintiff.

Shane Douglas Peterson, Crowley, Haughey, Hanson, Toole & Dietrich, Williston, ND, Paul J. Lawrence, Philip M. Guess, Preston, Gates and Ellis LLP, Seattle, WA, for Defendant.

ORDER GRANTING MOTION TO COMPEL ARBITRATION

HOVLAND, Chief Judge.

Before the Court is the Defendants' Motion to Compel Arbitration and to Dismiss or Stay Action Pending Arbitration filed on March 12, 2004. For the reasons set forth below, the motion is granted.

I. BACKGROUND

Basin Electric Power Cooperative (Basin Electric) and the Montana Power Company entered into a "Power Purchase Agreement" (Agreement) on May 13...

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