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DARLAGE v. EASTERN BARTHOLOMEW WATER CORP.

No. 1-378A69.

379 N.E.2d 1018 (1978)

Herman DARLAGE, Building Commissioner of Bartholomew County, Indiana, Appellant (Defendant below), v. EASTERN BARTHOLOMEW WATER CORPORATION, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

Rehearing Denied October 2, 1978.

Attorney(s) appearing for the Case

Bruce R. Runnels, Columbus, for appellant.

Robert L. Dalmbert, Dalmbert & Marshall, Columbus, for appellee.

Jon D. Noland, Daniel W. McGill, of Barnes, Hickam, Pantzer & Boyd, Marcus E. Woods, Indianapolis, Frank T. Lewis, Plainfield, Frederick F. Eichhorn, Jr., of Eichhorn, Morrow & Eichhorn, Hammond, Frederick P. Bamberger of Bamberger, Foreman, Oswald & Hahn, Evansville, for amici curiae.

ROBERTSON, Judge.

This interlocutory appeal from an order of the Bartholomew Circuit Court granting appellee-plaintiff Eastern Bartholomew Water Corporation's request for temporary injunction and denying appellant-defendant County Building Commissioner Darlage's motion to dismiss for lack of subject matter jurisdiction raises this central issue:

Whether or not a utility is subject to the jurisdiction and regulation...

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