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SCHENKEL ENTERPRISES v. IND. & MICH. ELEC. CO.

No. 3-976A223.

393 N.E.2d 268 (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.

Rehearing Denied October 23, 1979.

Attorney(s) appearing for the Case

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

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

Rehearing Denied October 23, 1979. See 395 N.E.2d 832.

HOFFMAN, Judge.

Schenkel Enterprises, Inc., Connie L. Makin and Dwanna Kaczor1 brought this suit for damages against the Indiana & Michigan Electric Company (I & M), alleging the I & M had collected electric service rates in excess of those authorized by the Public Service Commission. Pursuant to Ind. Rules of Procedure, Trial...

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