DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
221884P.pdf 07/28/2023 Dakota Energy Coop, Inc. v. East River Electric Power Coop., Inc.
U.S. Court of Appeals Case No: 22-1884
U.S. District Court for the District of South Dakota - Southern
[PUBLISHED] [Kelly, Author, with Benton and Erickson, Circuit Judges]
Civil case - Contracts. Plaintiff sought to withdraw from the parties'
long-term power contract so that it could contract with another
electricity provider; defendant resisted, and plaintiff sued for
anticipatory breach of contract and a declaratory judgment that it had the
right to withdraw from the contract by way of a buyout; the district court
granted summary judgment to defendant, and plaintiff appeals. The district
court did not err in determining the contract documents unambiguously
require plaintiff to purchase all of its electricity from defendant until
December 31, 2075, and no provision of the agreement or the defendant's
bylaws allow for an earlier termination of the agreement.