Minnesota Gas Company v. Public Service Com., Etc.
District Court, D. Minnesota
1Opinion of the Court
MEMORANDUM AND ORDER
LARSON, District Judge.
This action for a declaratory judgment challenges the constitutionality of § 36 of the Minnesota Public Utilities Act of 1974 (Minn.Stats. § 216B.36) insofar as it impairs the 1970 Franchise Agreement between plaintiff and the City of Minneapolis. Jurisdiction is invoked pursuant to 28 U.S.C. §§ 1331, 2201. Presently pending are motions by defendant Public Service Commission to dismiss the action for lack of subject matter jurisdiction, on abstention grounds, and for failure to state a claim upon which relief can be granted. Oral argument on these…
2Cases cited19 opinions
- Pierce v. Society of SistersSupreme Court of the United States · 1925
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- Munn v. IllinoisSupreme Court of the United States · 1877
- United Public Workers of America v. MitchellSupreme Court of the United States · 1947
- Zwickler v. KootaSupreme Court of the United States · 1967
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3Cited by5 opinions
- Minnesota Gas Co. v. Public Service CommissionCourt of Appeals for the Eighth Circuit · 1975
- Minnesota Gas Company v. Public Service CommissionCourt of Appeals for the Eighth Circuit · 1975
- Browning-Ferris Industries of Alabama, Inc. v. Alabama Dept. of Environmental Mgmt.Court of Appeals for the Eleventh Circuit · 1986
- Minnesota School Board Ass'n Insurance Trust v. United States Equal Employment Opportunity CommissionDistrict Court, D. Minnesota · 2001
- Browning-Ferris Industries Of Alabama, Inc. v. Alabama Dept. Of Environmental Mgmt.Court of Appeals for the Eleventh Circuit · 1986