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INDIANA & MICH. ELEC. CO. v. WHITLEY CTY. R.E.M.

No. 3-573A50.

312 N.E.2d 503 (1974)

INDIANA AND MICHIGAN ELECTRIC CO., Appellant-Defendant, v. WHITLEY COUNTY RURAL ELECTRIC MEMBERSHIP CORP., Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

June 19, 1974.

Attorney(s) appearing for the Case

Milford M. Miller, Edward L. Murphy, Jr., Fort Wayne, and C. Erik Chickedantz, Fort Wayne, of Counsel; Livingston, Dildine, Haynie & Yoder, Fort Wayne, for appellant.

Parr, Richey, Obremskey, Pedersen & Morton, Lebanon, Bloom, Bloom & Fleck, Columbia City, for appellee.

GARRARD, Judge.

This case arises under Section 18A of the Rural Electric Membership Corporation Act,1 which provides for the purchase or condemnation of electric utility property upon annexation of additional territory to a city or town.

In 1967 the Town of Huntertown granted to the appellant (I & M) a franchise to provide electric utility service within the town. On June 12, 1969, the town annexed approximately 69 acres of...

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