GRAHAM FARMS, INC. ET AL. v. INDPLS. POWER & LIGHT

No. 30,815.

249 Ind. 498 (1968)

233 N.E.2d 656

GRAHAM FARMS, INC. ET AL. v. INDIANAPOLIS POWER & LIGHT COMPANY.

Supreme Court of Indiana.

Filed February 5, 1968.


Attorney(s) appearing for the Case

Claude M. Warren, of Indianapolis, Jack E. Hayes, and Robert O. Chambers, of Washington, for appellants.

Carl M. Gray, of Petersburg, Alvin Seal, of Washington, Ralph W. Husted, Marcus E. Wood, and Charles M. Wells, of Indianapolis, for appellee.

Von E. Livingston, David B. Keller, Dildine, Haynie & Yoder, of Fort Wayne, of counsel, for Indiana & Michigan Electric Co.; G.R. Redding, Dan R. Winchell, Joseph B. Carney, Baker & Daniels, of Indianapolis, for Indianapolis Water Co., Panhandle Eastern Pipe Line Co., Truckline Gas Co., Harry T. Ice, George B. Gavit, Ice, Miller, Donadio & Ryan, of Indianapolis, for Midwestern Gas Transmission Co., John C. Lawyer, of Hammond, William F. Welch, of Indianapolis, Lawyer, Schroer & Eichhorn, of Hammond, for Northern Indiana Public Service Co., Paul G. Jasper, Greg K. Kimberlin, of Plainfield, McHale, Cook & Welch, of Indianapolis, for Public Service Company of Indiana, Inc., Frederick P. Bamberger, William P. Foreman, and Bamberger, Foreman, Oswald & Hahn, of Evansville, for Southern Indiana Gas and Electric Co., amici curiae.


JACKSON, J.

The appellee, by its complaint, alleged that it is a corporation organized under the laws of this state and is authorized by its articles of incorporation to engage in the following activities among others: To furnish, supply and vend electricity for light, heat and power and engage in any and all business incident thereto; to acquire, construct, maintain, own and operate plants and facilities for the manufacture...

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