Legal Opinion

Black Hills Power & Light Co. v. Weinberger

Court of Appeals for the Eighth Circuit

Decided January 7, 1987No. Nos. 85-5418, 85-5428PublishedCited by 6 opinions

1Opinion of the Court

JOHN R. GIBSON, Circuit Judge.

Black Hills Power and Light Company and the South Dakota Public Utilities Commission appeal from a judgment of the district court denying Black Hills’ motion for a preliminary injunction and summary judgment and granting the United States’ motion to dismiss. Appellants seek to have a contract for electric power entered into by Ellsworth Air Force Base and Heartland Consumers Power District declared void, and an order entered requiring Ellsworth to contract with Black Hills for the provision of such power. The central issue on appeal is whether Ellsworth Air Force…

2Cases cited12 opinions

  1. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  2. Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
  3. Paul v. United StatesSupreme Court of the United States · 1963
  4. Penn Dairies, Inc. v. Milk Control Comm'n of Pa.Supreme Court of the United States · 1943
  5. Howard v. Commissioners of Sinking Fund of LouisvilleSupreme Court of the United States · 1953

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3Cited by6 opinions

  1. United States v. Public Utilities CommissionSupreme Court of Rhode Island · 1993
  2. Black Hills Power and Light Company, a South Dakota Corporation v. Caspar W. Weinberger, as Secretary of the Department of Defense Department of Defense, an Agency of the United States of America Richard D. Rasmussen, as Contracting Officer for Ellsworth Air Force Base, a Defense Installation Under the Control of the Department of Defense Heartland Consumers Power District, a Subdivision of the State of South Dakota West River Electric Association, Inc., a South Dakota Rural Electric Cooperative and the Public Utilities Commission, a Regulatory Commission of the State of South Dakota, Black Hills Power and Light Company v. Heartland Consumers Power District, Ellsworth Air Force Base, United States of America, (Two Cases) Black Hills Power and Light Company, a South Dakota Corporation v. Caspar W. Weinberger, as Secretary of the Department of Defense Department of Defense, an Agency of the United States of America Richard D. Rasmussen, as Contracting Officer for Ellsworth Air Force Base, a Defense Installation Under the Control of the Department of Defense Heartland Consumers Power District, a Subdivision of the State of South Dakota West River Electric Association, Inc., a South Dakota Rural Electric Cooperative and the Public Utilities Commission, a Regulatory Commission of the State of South Dakota, Black Hills Power and Light Company v. Heartland Consumers Power District, Ellsworth Air Force Base, United States of America. (Two Cases)Court of Appeals for the Eighth Circuit · 1987
  3. West River Electric Ass'n v. Black Hills Power & Light Co.District Court, D. South Dakota · 1989
  4. West River Electric Ass'n v. Black Hills Power & Light Co.Court of Appeals for the Eighth Circuit · 1990
  5. West River Electric Association, Inc. v. Black Hills Power and Light Company, and Ellsworth Air Force Base. Black Hills Power and Light Company v. Heartland Consumers Power District, West River Electric Association, Inc. v. Black Hills Power and Light Company, and Ellsworth Air Force Base. In the Matter of the Complaint of West River Electric Association, Inc., Against Black Hills Power and Light Company and Ellsworth Air Force Base. In the Matter of the Complaint of Black Hills Power and Light Company Against Heartland Consumers Power District With Regard to Electric Service to Ellsworth Air Force Base. West River Electric Association, Inc. v. Black Hills Power and Light Company and Ellsworth Air Force Base, West River Electric Association, Inc. v. Black Hills Power and Light Company and Ellsworth Air Force Base, West River Electric Association, Inc. v. Black Hills Power and Light Company and Ellsworth Air Force Base, Black Hills Power and Light Company v. Heartland Consumers Power District. In the Matter of the Complaint of West River Electric Association, Inc., Against Black Hills Power and Light Company and Ellsworth Air Force Base. In the Matter of the Complaint of Black Hills Power and Light Company Against Heartland Consumers Power District With Regard to Electric Service to Ellsworth Air Force BaseCourt of Appeals for the Eighth Circuit · 1990

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