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NEW HAVEN v. IND. SUBURBAN SEWERS

Nos. 1167A97, 172S7.

257 Ind. 609 (1972)

277 N.E.2d 361

CITY OF NEW HAVEN v. INDIANA SUBURBAN SEWERS, INC., ET AL.

Supreme Court of Indiana.

Filed January 17, 1972.

Attorney(s) appearing for the Case

William M. Evans, Bose Buchanan McKinney & Evans, of counsel, of Indianapolis, Arthur H. Fruectenicht, of Fort Wayne, for appellant.

Matthew E. Welsh, William M. Osborn, Claude Spilman, Jr., Bingham, Summers, Welsh & Spilman, of counsel, Frederick J. Frosch, Arthur H. Gemmer, Gemmer & Frosch, all of Indianapolis, for appellees Indiana Suburban Sewers, Inc., James R. Arnold, City Attorney, Robert E. Meyers, Associate City Attorney, of Fort Wayne, for appellees, City of Fort Wayne and its Board.

PRENTICE, J.

This cause is before us on Appellees' Petition to Transfer, the review having been previously determined in favor of the appellant by the Appellate Court which vacated the order of the Public Service Commission of Indiana. The opinion of the Appellate Court as reported at 144 Ind.App. 224, 261 N.E.2d 240, sets forth the relevant facts and articulately analyzes the statutory requirement and case law relative to the...

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