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TWIN CITY REALTY ET AL. v. CLAY UTILITIES ET AL.

No. 569A91.

146 Ind. App. 629 (1970)

257 N.E.2d 686

TWIN CITY REALTY CORP. ET AL. v. CLAY UTILITIES, INC. ET AL.

Court of Appeals of Indiana.

Rehearing denied June 8, 1970.

Transfer denied December 9, 1970.

Attorney(s) appearing for the Case

Douglas D. Seely, Jr., Jones, Obenchain, Johnson, Ford & Pankow, South Bend, for appellant.

Robert L. Miller, South Bend, for appellees.

LOWDERMILK, C.J.

These proceedings were initiated by Clay Utilities, Inc.'s filing of a petition with the Public Service Commission for recertification as both a rural water and rural sewage utility as a result of the Combined Sewage Disposal and Water Act of 1963 (Burns' Ind. Stat. §§ 55-4601-4615, inclusive) being declared unconstitutional by this court in City of Ft. Wayne, et al. v. Maplewood Park Utilities, Inc., et al. (1968),

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