FOX ET AL. v. OHIO VALLEY GAS CORP. ET AL.

Consolidated No. 468S57.

250 Ind. 111 (1968)

235 N.E.2d 168

FOX ET AL. v. OHIO VALLEY GAS CORPORATION ET AL.

Supreme Court of Indiana.

Filed April 2, 1968.


Attorney(s) appearing for the Case

Cecil C. Tague, Sr., Roger H. Smith and Tague & Smith, of Brookville, for appellants.

Ewbank & Meyer, of Lawrenceburg, Paul D. Lawson, of Columbus, and Mendenhall, Hunter & Stohler, of Winchester, for appellees.

Amici Curiae for certain Indiana public utilities, Thompson, O'Neal & Smith, Patrick J. Smith and James R. McClarnon, of Indianapolis, for Citizens Gas & Coke Utility; Hyle G. Burke and Bruce N. Cracraft, of Indianapolis, for Indiana Bell Telephone Company, Inc.; Jerry P. Belknap, Ralph W. Husted and Marcus E. Woods, of Indianapolis, for Indianapolis Power & Light Company; Paul G. Jasper and Charles W. Campbell, of Plainfield, for Public Service Company of Indiana, Inc.; Arch N. Bobbitt, of Indianapolis, for Illinois Bell Telephone Company; John E. Fell, of Kokomo Gas & Fuel Co.; G.R. Redding and Virgil L. Beeler, of Indianapolis, for Indianapolis Water Company; Frederick P. Bamberger, of Evansville, for Southern Indiana Gas and Electric Company; John F. Bodle, of Lafayette, for General Telephone Company of Indiana, Inc.; Fred F. Eichhorn, Jr. of Hammond, and William F. Welch, of Indianapolis, for Northern Indiana Public Service Company; George P. Osborn, of Marion, for Central Indiana Gas Company, Inc., Greenfield Gas Company, Inc., and Indiana Gas Distribution Corporation; Howard J. Cofield, of Indianapolis, for Kokomo Water Works Company, Muncie Water Works Company, Richmond Water Works Corporation and the Terre Haute Water Works Corporation; Von E. Livingston and David B. Keller, of Fort Wayne, for Indiana & Michigan Electric Company; and Charles M. Wells, of Indianapolis, for Indiana Gas & Water Company, Inc.


ARTERBURN, J.

This case comes to us on transfer from the Appellate Court of Indiana under Acts 1901, ch. 247, § 10, p. 565; 1933, ch. 151, § 1, p. 800, being Burns' Ind. Stat. Anno. § 4-215 [1956 Repl.]. See 222 N.E.2d 412 and 228 N.E.2d 42 for opinions of Appellate Court.

This is an appeal from a judgment rendered in favor of appellees' pipe line companies in the Dearborn Circuit Court without a jury in three...

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