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SCHENKEL ENTERPRISES v. INDIANA & MICHIGAN ELEC.

No. 3-976A223.

395 N.E.2d 832 (1979)

SCHENKEL ENTERPRISES, Inc., Connie L. Makin, and Dwanna Kaczor, et al., Plaintiffs-Appellants, v. INDIANA & MICHIGAN ELECTRIC COMPANY, an Indiana Corporation, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

October 23, 1979.

Attorney(s) appearing for the Case

Robert L. Thompson, Jr., Peebles, Thompson, Rogers & Hamilton, Fort Wayne, Richard C. Ver Wiebe, Ver Wiebe, Snow & Miller, Fort Wayne, Byron C. Kennedy, Richard K. Helm, Rockhill, Kennedy, Pinnick, Sand, Bent & Pequignot, Warsaw, for plaintiffs-appellants.

Thomas W. Yoder, Livingston, Dildine, Haynie & Yoder, Fort Wayne, Max E. Reed, Warsaw, for defendant-appellee.

ON PETITION FOR REHEARING

HOFFMAN, Judge.

Schenkel Enterprises, et al., petitions this Court to reconsider our decision rendered in an opinion in this cause handed down September 5, 1979, 393 N.E.2d 268. In order to clarify the factual setting of the case, we make the following observations.

A re-examination by this Court of the six-volume record in this cause has disclosed that Schenkel, et al., intervened and...

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