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CITY OF GREENFIELD v. HANCOCK COUNTY R.E. MEM. CORP.

No. 1-773A136.

312 N.E.2d 867 (1974)

CITY OF GREENFIELD, Indiana, Appellant-Plaintiff, v. HANCOCK COUNTY RURAL ELECTRIC MEMBERSHIP CORPORATION, Appellee-Defendant.

Court of Appeals of Indiana, Third District.

Rehearing Denied July 31, 1974.

Attorney(s) appearing for the Case

C. Thomas Billings, Williams, Cone & Billings, Greenfield, Baker & Daniels, G.R. Redding, Virgil L. Beeler, Michael J. Huston, Indianapolis, for appellant-plaintiff.

William H. Wolf, Wolf & Robak, Greenfield, Willett H. Parr, Jr., Lebanon, for appellee-defendant.

GARRARD, Judge.

This case arises under § 18A of the Indiana REMC Act.1 The City of Greenfield (City), which operates its own electric utility, on April 16, 1969; February 18, 1970; and May 14, 1971, annexed additional areas to the City. On March 23, 1972, the City filed a complaint under the Eminent Domain Act asserting its § 18A rights and seeking to condemn property of Hancock County Rural Electric Membership

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