CITY OF MISHAWAKA, IND. v. AM. ELEC. POWER CO., INC.

Nos. S 74-72, S 75-210 and S 77-209.

465 F.Supp. 1320 (1979)

CITY OF MISHAWAKA, INDIANA, City of Niles, Michigan, City of Columbia City, Indiana, City of Bluffton, Indiana, City of Garrett, Indiana, City of Gas City, Indiana, Town of Frankton, Indiana, Town of Warren, Indiana, Town of New Carlisle, Indiana and Town of Avilla, Indiana, Municipal Corporations, Plaintiffs, v. AMERICAN ELECTRIC POWER COMPANY, INC., American Electric Power Service Corporation, and Indiana & Michigan Electric Company, Corporations, Defendants.

United States District Court, N. D. Indiana, South Bend Division.

January 30, 1979.


Attorney(s) appearing for the Case

Thomas Ewald, Washington, D. C., James J. Olson, Mishawaka, Ind., Theodore L. Bendall, Huntington, Ind., Edward A. Chapleau, South Bend, Ind., Gerald M. Stern and David R. Boyd, Washington, D. C., James R. Fleck, Columbia City, Ind., John M. Rigby, Niles, Mich., for plaintiffs.

Thomas W. Yoder, Fort Wayne, Ind., Peter J. Schlesinger, Dennis G. Jacobs, Lawrence A. Levy, Kenneth R. Logan, Blair C. Fensterstock, and Kathleen Schaaf, New York City, for defendants.


MEMORANDUM OPINION

ALLEN SHARP, District Judge.

This will state the legal basis for the separately entered findings of fact and conclusions of law.

Plaintiffs are ten municipalities that operate their own electric utilities pursuant to State statutory authority. Each is located within the service area of defendant Indiana & Michigan Electric Company and each purchases its bulk electric power requirements from I & M. The evidence shows that...

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