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INDIANA & MICHIGAN ELEC. CO. v. CITY OF ANDERSON

No. 2-1176A418.

376 N.E.2d 114 (1978)

INDIANA & MICHIGAN ELECTRIC COMPANY, an Indiana Corporation, Appellant (Plaintiff below), v. The CITY OF ANDERSON, Indiana, Robert L. Rock, Mayor of the City of Anderson, Indiana, Chester T. Lawrence, Lloyd R. Mellenthin and Raymond H. Nuce, Members of the Board of Public Works, of the City of Anderson, Indiana, William E. Zuck, Executive Secretary of the Board of Public Works of the City of Anderson, Indiana, Maris D. Hall, Superintendent of the City Light & Power Department of the City of Anderson, Indiana, Emerald Glen, Inc., an Indiana Corporation and Gene Bauer, Appellees (Defendants below).

Court of Appeals of Indiana, Second District.

Rehearing Denied July 24, 1978.

Attorney(s) appearing for the Case

Thomas W. Yoder of Livingston, Dildine, Haynie & Yoder, Fort Wayne, Gerald P. Shine of Shine & Shine, Anderson, for appellant.

Parr, Richey, Obremskey & Morton, Lebanon, Marvin E. Clanin, Anderson, for appellees.

BUCHANAN, Chief Judge.

CASE SUMMARY

Plaintiff-Appellant Indiana & Michigan Electric Company (I & M) appeals from an adverse decision by the trial court in its suit for injunctive relief and damages against Defendants-Appellees Emerald Glen, Inc., Gene Bauer (Bauer) and the City of Anderson (Anderson), claiming it has a territorial service right entitled to protection.

We reverse.

FACTS

This is a dispute over who will reap...

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