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SOUTHERN IND. GAS & ELEC. CO. v. CORNELISON

No. 1-676A96.

368 N.E.2d 807 (1977)

SOUTHERN INDIANA GAS AND ELECTRIC COMPANY, Appellant-Plaintiff, v. Robert A. CORNELISON, Richard A. Boehning, Chairman, Indiana State Highway Commission, James F. Dumas, Vice Chairman, Indiana State Highway Commission, Harold O. McCuthcan, Member, Indiana State Highway Commission, Kermit E. Gregory, Member, Indiana State Highway Commission, Robert R. Marsh, Executive Director, Indiana State Highway Commission, Nicholas Van Nielen, Pe, District Engineer, Indiana State Highway Commission, Herbert S. Howe, Permit Supervisor, Indiana State Highway Commission, Appellees-Defendants.

Court of Appeals of Indiana, First District.

Rehearing Denied December 1, 1977.

Attorney(s) appearing for the Case

Fred P. Bamberger and Jeffrey R. Kinney, Evansville, for appellant; Bamberger, Foreman, Oswald & Hahn, Evansville, of counsel.

Theo. L. Sendak, Atty. Gen., Michael G. Jaimet, Susan J. Davis, Deputy Attys. Gen., Indianapolis, for appellee.

LYBROOK, Judge.

Plaintiff-appellant, Southern Indiana Gas and Electric Company (SIGECO) brings this appeal as a result of the denial of its request for a preliminary injunction against the defendant-appellee, Indiana State Highway Commission (Commission) and certain of its agents. The desired injunction was to enjoin the commission from interfering with SIGECO's use of the right-of-ways adjoining state highways and to prevent the arrest of SIGECO's agents and employees...

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