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TOWN OF MERRILLVILLE v. LINCOLN UTILITIES, INC.

No. 2-474A92.

355 N.E.2d 851 (1976)

TOWN OF MERRILLVILLE, Intervenor-Appellant, v. LINCOLN UTILITIES, INC., Petitioner-Appellee.

Court of Appeals of Indiana, First District.

October 25, 1976.

Attorney(s) appearing for the Case

Fred M. Cuppy, Gerald K. Hrebec, Thomas, Burke, Dyerly & Cuppy, Gary, for intervenor-appellant.

Porter R. Draper, Tulsa, Okl., Alan E. O'Connor, Gary, for petitioner-appellee.

ROBERTSON, Chief Judge.

The intervenor-appellant Town of Merrillville (Town) seeks review of an order from the Public Service Commission granting a certificate of territorial authority for sewage disposal service to the petitioner-appellee Lincoln Utilities, Inc. (Lincoln).

Because we find reversible error, the only issue to be discussed is:

"Whether the Public Service Commission has statutory jurisdiction to grant a certificate of territorial authority...

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