STATE OF MINNESOTA

 

IN SUPREME COURT

 

C4-03-67

 

 

Northern States Power Company, d/b/a Xcel Energy,

 

Respondent,

 

vs.

 

Minnesota Metropolitan Council,

 

Appellant,

 

Minnesota Department of Transportation, et al.,

 

Appellants.

 

O R D E R

 

Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED that the motion of respondent Northern States Power Co., d/b/a/ Xcel Energy, to strike portions of the briefs of appellants and amici curiae and to strike affidavits from the appendix of appellant Minnesota Metropolitan Council is denied.

Dated: August 5, 2004

BY THE COURT:

                                                          

Alan C. Page

Associate Justice

 

BLATZ, C.J., GILBERT, J., and HANSON, J., took no part in the consideration or decision of this case.

 

CHRISTOPHERSON, J., appointed pursuant to Minn. Const. art. VI, 2, and Minn. Stat.  2.724, subds. 1, 2 (2002).