Legal Opinion
City of Stilwell v. Ozarks Rural Electric Cooperative Corp.
Court of Appeals for the Tenth Circuit
Decided March 28, 1996No. Nos. 94-7135, 95-7011PublishedCited by 3 opinions
1Opinion of the Court
PAUL KELLY, Jr., Circuit Judge.
These appeals concern an action by the City of Stilwell, Oklahoma (“Stilwell” or “City”) to condemn the electric facilities and service rights of Defendant-Appellee Ozarks Rural Electric Cooperative Corporation (“Ozarks”) within an area annexed by the City. The district court granted summary judgment in favor of Ozarks, preventing Stil-well’s proposed condemnation on the ground that the state condemnation statute, Okla. Stat. Ann. tit. 18, 437.2(k), was preempted under the Supremacy Clause, U.S. Const. art. 6, cl. 2, because it frustrated the purpose of the…
2Cases cited18 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
- Arkansas Electric Cooperative Corp. v. Arkansas Public Service CommissionSupreme Court of the United States · 1983
- Universal Money Centers, Inc. v. American Telephone & Telegraph Co., and Universal BankCourt of Appeals for the Tenth Circuit · 1994
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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 Colorado Springs v. Mountain View Electric Ass'nColorado Court of Appeals · 1996
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