KOSCUISKO CTY. R.E.M.C., INC. v. N.I.P.S.C.

No. 31,066.

248 Ind. 482 (1967)

229 N.E.2d 811

KOSCUISKO COUNTY RURAL ELECTRIC MEMBERSHIP CORPORATION, INC. v. NORTHERN INDIANA PUBLIC SERVICE COMPANY.

Supreme Court of Indiana.

Filed October 3, 1967.


Attorney(s) appearing for the Case

George M. Bowser, of Warsaw, David S. Richey and W.H. Parr, Jr., both of Lebanon, and Widaman, Bowser, Widaman & Reed, of Warsaw, Parr, Richey, Obremskey & Pedersen, of Lebanon, Cadick, Burns, Duck & Neighbours, of Indianapolis, Shake & Lewis, of Vincennes, Bob Good, of Shelbyville, Carlson, Lesh, Spencer, Matherny & McIntosh, of Huntington, Stevens, Wampler, Travis & Feagler, of Plymouth, Don Hubert Wickens, of Greensburg, Hays, O'Bannon & Funk, of Corydon, Bussell & Wolf, of Greenfield, Charles B. Kemmer, of Lafayette, Nordhoff & Nordhoff, of Jasper, Lewis N. Mullin, of Delphi, Hastings & Allen, of Washington, and Ralph Zoercher, of Tell City, of Counsel, for Appellant.

Von E. Livingston and David B. Keller, both of Fort Wayne, for Amicus Curiae Indiana & Michigan Electric Company.

Ralph W. Husted and Jerry P. Belknap, both of Indianapolis, for Amicus Curiae Indianapolis Power & Light Company. Paul G. Jasper and Charles W. Campbell, both of Plainfield, for Amicus Curiae Public Service Company of Indiana, Inc. Fred P. Bamberger, of Evansville, for Amicus Curiae Southern Indiana Gas and Electric Company.

Lawyer, Schroer & Eichorn, of Hammond, and Graham, Rasor & Harris, of Warsaw both for appellee.


MOTE, J.

In this appeal, we are concerned with the jurisdiction of the trial court. The answer to our concern necessarily hinges upon the interpretation and application of the provisions of certain statutes in force in the State of Indiana.

Some time prior to the foundation of the litigation herein, the City of Warsaw, Kosciusko County, Indiana, by appropriate proceedings and resolution duly annexed certain adjacent and abutting territory. The Appellee prior...

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