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INDIANA & MICH. ELEC. C. v. WHITLEY CTY. RURAL E.M.C.

No. 3-174A9.

316 N.E.2d 584 (1974)

INDIANA & MICHIGAN ELECTRIC COMPANY, Appellant-Defendant, v. WHITLEY COUNTY RURAL ELECTRIC MEMBERSHIP CORPORATION, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

September 17, 1974.

Attorney(s) appearing for the Case

Milford M. Miller, Edward L. Murphy, Jr., C. Erik Chickedantz, Livingston, Dildine, Haynie & Yoder, Fort Wayne, for appellant-defendant.

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

GARRARD, Judge.

This is a companion case to I & M Electric Co. v. Whitley Co. REMC, decided June 19, 1974, Ind. App., 312 N.E.2d 503, and is controlled by that decision.

While the subject matter involves different land annexed by Huntertown, again the court granted the REMC a permanent injunction on its motion for summary judgment upon a showing that I & M was commencing to serve the annexed 33.51 acres without having...

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