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CITY OF RICHMOND v. INDIANA & MICH. ELEC. CO.

No. 2-1175A322.

353 N.E.2d 467 (1976)

CITY OF RICHMOND, d/b/a Richmond Power & Light, Appellant (Intervenor below), v. INDIANA & MICHIGAN ELECTRIC COMPANY, an Indiana Corporation, Appellee (Petitioner below), Public Service Commission of Indiana, Appellee, Larry J. Wallace et al., Appellees, Frank J. Biddinger, Public Counselor of the State of Indiana, Appellee, Charles W. Cole & Son, Inc., et al., Appellees (Intervenors below), City of Fort Wayne, Appellee (Intervenor below), General Motors Corporation, a Delaware Corporation, Appellee (Intervenor below).

Court of Appeals of Indiana, Second District.

Rehearing Denied October 7, 1976.

Attorney(s) appearing for the Case

Robert V. Bridwell, Indianapolis, for appellant.

Stephen B. Caplin, Indianapolis, Smith, Morgan & Ryan, Indianapolis, Livingston, Dildine, Haynie & Yoder, Fort Wayne, Sparrenberger, Duvall, Tabbert & Lalley, Indianapolis, Lebamoff, Ver Wiebe & Snow, Ft. Wayne, John J. Metts, Indianapolis, Paul Hirsch, of Haymaker, Hirsch & Fink, Indianapolis, Hoffman, Moppert, Solomon, Miller & Thompson, Ft. Wayne, Simpson, Thacher & Bartlett, New York City, for appellees.

PER CURIAM.

This cause is pending before the Court on a Motion to Dismiss or Affirm filed by the appellee Indiana & Michigan Electric Company, whch alleges, inter alia, that the Order which is the subject of this appeal is not a final, appealable Order, and that the appellant has not exhausted its administrative remedies.

This matter was before the Public Service Commission on the Petition of the Appellee Indiana & Michigan Electric Company...

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