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STATE EX REL. PUBLIC SERV. COM'N v. MARION CIRCUIT

No. 677S406.

370 N.E.2d 690 (1977)

STATE of Indiana On the Relation of Public Service Commission of Indiana, Larry J. Wallace, Member and Chairman of the Public Service Commission of Indiana, William Powers and James M. Plaskett, Members of the Public Service Commission of Indiana, and Public Service Company of Indiana, Inc., Relators, v. MARION CIRCUIT Court of Marion County, Indiana, and Honorable J. Patrick Endsley, As Judge of Said Court, Respondents.

Supreme Court of Indiana.

Rehearing Denied March 3, 1978.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Stephen L. Lucas, Deputy Atty. Gen., Indianapolis, for relator Public Service Commission of Indiana.

Alan W. Boyd, Jerry P. Belknap, Greg K. Kimberlin, Indianapolis, for relator Public Service Co. of Indiana, Inc.; Barnes, Hickam, Pantzer & Boyd, Indianapolis, of counsel.

David A. Malson, Rushville, Harold W. Jones, Robert W. Geddes, Indianapolis, for respondents.

DeBRULER, Justice.

In 1968 the City of Rushville sold its electric utility system including generating facilities to Public Service Company of Indiana, Inc., an electric utility company, for cash and a promise to continue to charge customers served by the city at the 1968 rate level so long as the customer continued to receive service at the same premises. On October 6, 1975, the Public Service Commission of Indiana ordered the Public Service Company of Indiana, Inc...

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