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

No. 778S151.

378 N.E.2d 845 (1978)

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

Supreme Court of Indiana.

July 26, 1978.

Attorney(s) appearing for the Case

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

William H. Eichhorn, David C. Jensen, Hammond, for amici curiae in support of appellant.

Theodore L. Sendak, Atty. Gen., David O. Finkenbinder, Robert S. Spear, Asst. Attys. Gen., Indianapolis, for appellees.

Sheila S. Suess, Corp. Counsel, Joseph J. Reiswerg, Deputy Corp. Counsel, Indianapolis, for amici curiae in support of appellees.

ON PETITION TO TRANSFER

DeBRULER, Justice.

The Southern Indiana Gas and Electric Company (SIGECO), an Indiana public utility, brought an action in the Knox Circuit Court to enjoin the Indiana State Highway Commission and certain of its agents (commission) from interfering with SIGECO's employees while those employees used the right-of-way areas adjoining state highways. The circuit court denied the requested preliminary injunction and SIGECO appealed the...

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