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INDIANA ENVIRONMENTAL v. INDIANA-KENTUCKY ELEC.

No. 2-576A180.

393 N.E.2d 213 (1979)

INDIANA ENVIRONMENTAL Management Board and Air Pollution Control Board of the State of Indiana, Appellants (Defendants below), v. INDIANA-KENTUCKY ELECTRIC CORPORATION, Indiana & Michigan Electric Company, Indiana Statewide Rural Electric Cooperative, Inc., Indianapolis Power & Light Company, Northern Indiana Public Service Company and Public Service Company of Indiana, Inc., Appellees (Plaintiffs below).

Court of Appeals of Indiana, Second District.

Rehearing Denied October 16, 1979.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Michael Schaefer, Asst. Atty. Gen., Indianapolis, for appellants.

Jerry P. Belknap, Jon D. Noland, Bryan G. Tabler, Indianapolis, for appellees; Charles W. Campbell, Plainfield, Schroer, Eichhorn & Morrow, Hammond, Livingston, Dildine, Haynie & Yoder, Fort Wayne, Parr, Richey, Obrenskey, Pedersen & Morton, Lebanon, Marcus E. Woods, Barnes, Hickam, Pantzer & Boyd, Indianapolis, of counsel.

BUCHANAN, Chief Judge.

CASE SUMMARY

Appellants Indiana Environmental Management Board (EMB) and the Indiana Air Pollution Control Board (APC) (hereinafter jointly referred to as "Agencies"), appeal from a summary judgment in favor of appellees Indiana-Kentucky Electric Corporation, et al. (Utilities), which invalidated several regulations enacted by the EMB and APC for failure to make sufficient findings and recommendations...

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