HENDRICKS CO. R.E. MEM. v. PUBLIC SERV. CO. OF IND.

No. 771A134.

276 N.E.2d 852 (1971)

HENDRICKS COUNTY RURAL ELECTRIC MEMBERSHIP CORPORATION, Appellant, v. PUBLIC SERVICE COMPANY OF INDIANA, Inc., Appellee.

Appellate Court of Indiana, Division No. 2.

Rehearing Denied February 2, 1972.


Attorney(s) appearing for the Case

Palmer & Hinkle, Danville, Parr, Richey, Obremskey, Pederson & Morton, Lebanon, for appellant.

Charles W. Campbell, Duejean C. Garrett, Plainfield, for appellee; Kendall, Stevenson, Lewis & Howard, Danville, of counsel.


HOFFMAN, Chief Justice.

The issue presented by this appeal is whether the right to serve a particular area given to a Rural Electric Membership Corporation is of such a nature that it must be purchased or condemned when that area is subsequently annexed.

The pertinent facts, as summarized from the stipulation entered into by both parties, are as follows:

On May 9, 1968, and November 22, 1968, the first and second sections, respectively, of the Old...

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