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J.M. FOSTER CO., INC. v. NORTHERN IND. PUB. SERV. CO.

No. 3-1173A146.

326 N.E.2d 584 (1975)

J.M. FOSTER COMPANY, Inc., Defendant-Appellant, v. NORTHERN INDIANA PUBLIC SERVICE COMPANY, Inc., Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

April 30, 1975.

Attorney(s) appearing for the Case

William H. Wagner, Chester, Clifford, Hoeppner & Houran, Valparaiso, for appellant.

James J. Nagny, David C. Jensen, Schroer, Eichhorn & Morrow, Hammond, for appellee.

LOWDERMILK, Judge.

This action was commenced on May 22, 1973, by plaintiff-appellee Northern Indiana Public Service Company, Inc. (NIPSCO), filing its complaint against defendant-appellant J.M. Foster Company, Inc. (Foster), wherein NIPSCO sought to condemn a right of way over real estate owned by Foster. On June 11, 1973, Foster filed objections to the take. Both an amended complaint and amended objections to the take were subsequently filed. Following a hearing...

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