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MORGAN COUNTY R.E.M. CORP. v. INDIANAPOLIS P. & L. CO

No. 1173S220.

302 N.E.2d 776 (1973)

MORGAN COUNTY RURAL ELECTRIC MEMBERSHIP CORPORATION, Appellant (Defendant below), v. INDIANAPOLIS POWER & LIGHT COMPANY, Appellee (Plaintiff below).

Supreme Court of Indiana.

November 2, 1973.

Attorney(s) appearing for the Case

H. Richard Miles, Martinsville, Parr, Richey, Obremskey, Pedersen & Morton, Lebanon, for appellant.

Marcus E. Woods, Paul L. Butt, Charles M. Wells, Jon D. Noland, Barnes, Hickam, Pantzer & Boyd, Indianapolis, for appellee.

OPINION ON PETITION TO TRANSFER

HUNTER, Justice.

This case arises from a proceeding brought by a municipally franchised utility (plaintiff-appellee, Indianapolis Power and Light Company, hereinafter IPALCO), seeking to condemn property of another utility (defendant-appellant, Morgan County Rural Electric Membership Corporation, hereinafter REMC). IPALCO is a municipally franchised utility serving the town of Mooresville; REMC serves the outlying community...

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