Legal Opinion
City of Stilwell v. Ozarks Rural Electric Cooperative Corp.
District Court, E.D. Oklahoma
Decided November 4, 1994No. 94-293-SPublishedCited by 3 opinions
1Opinion of the Court
ORDER
SEAY, Chief Judge.
This matter comes before the court on the motion for summary judgment filed by Ozarks Electric Cooperative Corporation (“Ozarks”). In its motion, Ozarks asserts that the attempted state law expropriation of its property by the City of Stilwell (“the City”) is preempted under the Supremacy Clause of the United States Constitution because such expropriation would frustrate the purpose of the Rural Electrification Act (“REAct”), 7 U.S.C. § 901 et seq. The City has filed its response arguing for the application of the Oklahoma condemnation statutes. Neither the United…
2Cases cited18 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
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3Cited by3 opinions
- City Of Stilwell, Oklahoma v. Ozarks Rural Electric Cooperative CorporationCourt of Appeals for the Tenth Circuit · 1996
- City of Stilwell v. Ozarks Rural Electric Cooperative Corp.Court of Appeals for the Tenth Circuit · 1999
- City of Stilwell v. Ozarks Rural Electric Cooperative Corp.Court of Appeals for the Tenth Circuit · 1996